Jammu JULY-26-2023:- A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sanjay Dhar and Justice Rajesh Sekhri uphold the life imprisonment to Maternal Grand-Father for raping her one year old grand daughter.
According to the police case, on March 11, 2011 father of victim lodged a written report with Police Station Udhampur stating, inter alia, that he along with his family was living in the house of the grandfather of his wife. His one-year-old daughter used to spend most of the time with the grandfather of her mother. It was alleged by the complainant that on the said fateful day, appellant, who happens to be the maternal grandfather of the victim, took her along to his house in the close vicinity at around 12.30 noon. After some time, the victim was heard crying. Mother rushed to the room of the appellant, but he fled away. Mother found the victim lying on the bed and bleeding per vagina. As per the prosecution story, the prevailing circumstances suggested that it was the appellant who had raped the child victim. On the basis of this report, FIR No.86/2012 came to be registered against the appellant for the alleged commission of offence under Section 376 RPC.
Division Bench after hearing both the sides observed that It is a case, where the fence itself has eaten the crop. The appellant has committed an outrageous violence of highest order on the private person of a child victim. Nothing has improved even after more than a decade of “Nirbhaya”. Women also have the right to life and liberty. They also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated. Women, in them, have many personalities combined. They are not playthings. Of late, crime against women in general and rape in particular is on the increase. It is a blot on the society and a sad reflection on the attitude of indifference of the society towards the violation of human dignity of the victims of sex crimes. Therefore, courts shoulder a great responsibility while trying an accused on charges of rape.Having regard to the aforesaid, Division bench do not find any illegality muchless perversity in the well reasoned and lucid judgment of conviction and sentence propounded by learned trial court. Hence, the present appeal being devoid of merit, is dismissed and the impugned judgment of conviction and order of sentence are upheld. Appellant is directed to undergo the remainder part of his sentence. JNF