Monday, August 15, 2011

Wife forces daughter to file rape charge against father in India

After family and officers of the law failed to stop the alcoholism of her husband, a woman made her minor daughter accuse her father of rape, hoping that it would force him to mend his ways. District and Additional Sessions Judge Justice Sunita Gupta of the Karkardooma Courts on Thursday acquitted Sanjeev, a rickshaw puller who resides in Gokulpuri village, of charges of rape. The acquittal came after his wife and daughter admitted before the court that they had falsely alleged rape.

The court concluded that the woman had asked her 13-year-old daughter to call police control room, after repeated requests to her brother and police officials to help end her husband alcoholism, had turned futile. “He used to consume liquor and beat them, and therefore they were very much perturbed due to his activities. Many a times, she had also reported to police, but no action was taken on the ground that it was a dispute between husband and wife. Therefore, since no action was being taken by police, in order to get accused confined in jail, she asked her daughter to level allegations of rape upon her by the accused,” noted the judge.

An FIR was registered on July 28, 2010, on the basis of a call made by the girl to the PCR. The girl told police officials on 28.07.2010 at about 1 pm she returned home from her school and was changing her clothes. Her father was present at her house and was under influence of liquor. He started talking her in filthy language and even though she tried to make him understand, he did not relent and raped her. The mother, who works as a maid, claimed she returned home at that point and intervene. “When her mother returned to her house she rescued her and a fight ensued between her parents. At about 10 pm, the girl went out of the house on the pretext of eating food and used her father’s mobile phone to call police,” the FIR states.

When sent to the hospital for medical examination, she told the doctor that her father had been physically assaulting her for the last three months, and the last assault took place 15 days back. However, the girl sang a different tune before the court, admitting that she had made the allegation to teach her father a lesson as he was an alcoholic.

She admitted before the court that her father was present in the house when she came from school and was under the influence of alcohol. He spoke to her using bad language and started misbehaving with her and beating her. However, she lied to the police that he raped her. She also tore her clothes herself. Medical examination of the girls clothes revealed traces of blood but no semen. The court concluded that no rape had taken place: “….even as per initial statement made by the prosecutrix, it was only attempt to commit rape and no actual act had been committed, inasmuch as, in the complaint made by her before the police she had only stated that her father had tried to remove her clothes’..,” the court observed.

Therefore, noting that, “between “may be true” and “must be true” there is inevitably a long distance to travel and the whole of this distance must be covered by the prosecution by legal, reliance and unimpeachable evidence before the accused can be convicted,” the court acquitted Sanjeev.