Delhi High Court Upholds Man's 15-Year Sentence For Rape Of Stepdaughters; Notes Mother Was 'Torn Between Devil And Deep Sea'

The Delhi High Court has upheld the conviction and 15-years rigorous sentence of a man for raping his minor stepdaughters, noting that minor contradictions in prosecutirx testimony do not affect the prosecution case.

Justice Vimal Kumar Yadav also noted that the victims' biological mother seemingly acquiesced to the trauma undergone by the girls as she kept quiet and did not take the requisite measures to save the children when the indecent acts of the Appellant were brought to her notice.

“Seemingly, she was torn between the devil and the deep sea as she had left her former husband and biological father of the victims herein and not only started living with the Appellant, but bore a girl child to him as well. That seems to be the reason why, alongwith the Appellant, she too was chargesheeted and tried, but was acquitted by the learned Trial Court,” the bench noted.

The Court made the observation while dismissing the stepfather's appeal against the trial court's judgment convicting him under Section 376 IPC and Section 6 of the POCSO Act.

The Court rejected the appellant's contention that inconsistencies in the victims' statements and absence of injuries rendered the case unreliable. It held that minor discrepancies are natural and do not undermine otherwise credible testimony in sexual offence cases.

Reiterating settled law, the Court observed that conviction can be based on the sole testimony of the prosecutrix if it inspires confidence.

In the present case, the Court found the victim's testimony to be trustworthy and further noted corroboration from independent witnesses, including the landlord who intervened, as well as forensic evidence linking the accused to the offence.

“The ordeal of sexual assault was being faced by the victims for the last about 1½ years…” the Court noted.

Finding no infirmity in the trial court's judgment, the High Court dismissed the appeal and directed the appellant to surrender.

Appearance: Appellant-in-person with Ms. Manika Tripathy (DHCLSC) with Ms. Roman Khan and Mr. Saksham, Advs. for Appellant; Mr. Mukesh Kumar, APP for the State with SI Krishan Verma PS Inderpuri. Ms. Monisha Handa, Adv. Amicus Curiae for the victim / prosecutrix.

Case title: RM v. State

Case no.: CRL.A. 444/2022

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