Upholding the conviction of a man accused of raping his 16-year-old daughter and impregnating her, Justice R Narayana Pisharadi said credibility of the testimony of a rape survivor will not be affected even if she admits that she has sexual relations with another person. It was contended on behalf of the accused that the girl had sexual relations with someone else.
Rejecting the contention of the accused, the court said in its October 11 judgment: “Even in a case where it is shown that the victim is a girl of easy virtue or a girl habituated to sexual intercourse, it may not be a ground to absolve the accused of the charge of rape. Even assuming that the victim is previously accustomed to sexual intercourse, that is not a decisive question. On the contrary, the question which is required to be adjudicated is did the accused commit rape on the victim on the occasion complained of. It is the accused who is on trial and not the victim.”
The court observed that there cannot be a graver and heinous crime than a father committing rape on his own daughter. “Charged of raping his own daughter under his refuge and fortress is worse than the gamekeeper becoming a poacher,” the court said.
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