Man Who Allegedly Raped, Impregnated Step-Daughter Acquitted | Meghalaya HC Reproves State For Failure To Challenge Order

The Meghalaya High Court recently reproved the state government for its failure to challenge the order and judgment of the trial court acquitting a man/accused who allegedly raped and impregnated his stepdaughter.

The bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh also found fault with the state government's act of not conducting a DNA test to ascertain who may have been the father of the child born to the rape victim.

"It is somewhat surprising that the State did not prefer an appeal or try to get to the bottom of the matter by insisting on a DNA test to be conducted. Sexual abuse of children is a social malaise that is deep-rooted and if the State does not treat the matter seriously and confines its role to the mere prosecutor's job that it hasto discharge in law, the larger menace may not be arrested," the Court observed.

Essentially, in the instant case, a man was accused of raping her minor stepdaughter and was booked under Sections 5 and 6 of the POCSO Act. However, the trial court acquitted him on account of the fact that the alleged survivor had categorically testified at the trial that the accused had not committed rape on her.

The matter came to light after the victim's aunt moved the instant application seeking leave to prefer an appeal against the acquittal order. However, the Court dismissed the application in view of the fact that the order of acquittal was based on the alleged survivor's complete denial of the incident.

"It is an admitted position that the alleged survivor, in this case, is now 21 years old and an adult. She has not stepped forward to prefer an appeal, for reasons that may not be difficult to gauge. However, the law does not permit any surmise or conjecture and the alleged survivor's statement has to be taken at face value," the Court remarked

However, before dismissing the aunt's plea, the bench, in its order, did take note of the Indian psyche that in such cases, it is the survivor who is blamed and shamed and made to feel that it was the survivor's fault that brought her suffering upon her.

The Court also observed that the wives of sexual offenders tend not to depose against their husbands either on account of physical fear or the fear of being abandoned. The Court also noted that even the step-children who are abused are reluctant to complain of such acts since they may have no alternative means of sustaining themselves.

Against this backdrop, the Court stressed that in such matters, the State should be proactive and whenever there is a whiff of coercion or threat on the survivor or the informant, the State should step in to ensure that justice is done, whether by giving protection to the victim or by counseling the victim and other relatives. The Court also opined that the State commission for women may also have a role to play in such cases.

Case title - Bikonia Sutnga vs Woodland Khongthiem & anr

Case Citation: 2022 LiveLaw (Meg) 42

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