Kerala: A special fast track court in Kerala’s Mallapuram has sentenced Muhammad H. to 101 years in prison and life imprisonment for raping his minor daughter under various provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the Indian Penal Code (IPC), and the Juvenile Justice Act (JJ Act).
Last week, the court, while sentencing the 43-year-old man, expressed concern over the lifelong impact of the crime on the girl.
“The accused being the father of the minor who is bound to protect her has done the heinous crime on her. It started from her tender years and continued till she became pregnant from him at the age of 16. It cannot be equated with the usual sex crimes. Though the accused comes from an educationally and economically backward family, he deserves no mercy,” noted Smt. Resmi S, who presided over the court.
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The man began sexually assaulting his daughter when she was 10 years old and, upon her reaching 12, subjected her to aggravated sexual assault by raping her while her mother was asleep or not at home. When she was 16, the girl got pregnant, after which she was taken to the hospital by her father. The hospital examination revealed that she was three months pregnant. Though the man told his daughter not to disclose this to anyone, the police took her statement at the hospital, leading to the termination of her pregnancy. She was then taken to a children’s home in Manjeri. The minor victim provided her statement before the magistrate, and evidence was submitted before the judge. DNA samples, along with the foetus, were presented, confirming that Muhammad H. was the biological father of the foetus.
The statement of the minor victim's mother also implicated her father and grandfather in the pregnancy. Other family members testified against the accused.
The defense contended that the victim was staying at an orphanage where she studied and only visited home occasionally. They argued that the father himself took the girl to the hospital after she complained of symptoms. Additionally, the defense noted that the victim had accused her grandfather of sexual assault and had eloped with a boy, against whom a POCSO case was registered, suggesting that the timing of her pregnancy coincided with her elopement. However, the girl stated that she ran away due to constant abuse at home and denied any romantic involvement with the boy.
The court noted the FSL report confirming that Muhammad H. was the biological father of the foetus. The scientific examiner confirmed that the father shared 50% DNA with the child, with a high probability. The court emphasized that DNA evidence is conclusive, citing the Supreme Court’s decision in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia (2023 KHC 6155), which held that “in case of disputed paternity of a child by mere comparison of DNA obtained from the body fluid or body tissues of the child with his parents, offer infallible evidence of biological parentage.”
“Thus the medical and scientific evidence in the case corroborates the allegation of sexual abuse on minor PW2 by the accused. There are no contradictions pointed out in the deposition of PW2 compared with her FIS and previous statements. The oral evidence given by mother PW1 that the accused had slept with PW2 also corroborates the evidence of PW2,” the court stated.
The court concluded that the overall evidence proved the offence of rape and penetrative sexual assault on the minor by her father when she was below twelve years of age and thereafter. “The accused being the father of the minor has misused the trust of the minor and his authority over her,” the court said, adding that the offences under sections 354A(2), 354A(1)(i), 376AB, 376(3), 376(2)(n), 376(2)(f), 506(ii) IPC and sections 10 read with 9(m), 10 9(n), 6 read with 5(m), 5(l), 5(n) and 5(j)(ii) of the POCSO Act and section 75 of the Juvenile Justice Act were proven against him.
“Further such acts on the part of the parent towards the child who is having trust on the parent especially when the girl child believes the father as her protector are having a heavy impact on her whole future life. The impact of such crimes on the society as a whole also to be considered. Such offences deserve deterrent punishment,” the court said while sentencing him to a total of 101 years and a life sentence. It was further pointed out that the sentence of life imprisonment shall come into effect once the other sentences and default sentences are suffered by him.
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