High Court: There can never be more graver and heinous crime than the father committing rape on his own daughter

In a landmark judgement, the Kerala High Court upheld the conviction of a man accused of repeatedly raping his daughter which also resulted in her becoming pregnant. 

A woman or girl being of easy virtue or habituated to sexual intercourse cannot be reasons to absolve someone of rape, especially a father who is expected to be the “fortress and refuge” of his daughter, the Court observed. 

Upholding the sentence passed by the sessions court in Kalpetta, Kerala, the High Court has observed that when a father raped his daughter, it was ‘worse than a gamekeeper becoming a poacher or a treasury guard becoming a robber.’

The observations by Justice R Narayana Pisharadi came after the victim’s father claimed that he was being falsely implicated in the case as his daughter has admitted that she had sexual relations with another person. 

Rejecting his claims of innocence, the high court further said that DNA analysis of the baby, born in May 2013 as a result of the sexual assault, reveals that the victim’s father was the biological father of the infant also. The high court also observed, “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 from the charge of rape. Even assuming that the victim is previously accustomed to sexual intercourse, that is not a decisive question.” 

The high court further said that the father “was duty bound to provide the victim girl protection and support. ... But, he perpetrated sexual assault and rape on her. One cannot even imagine the trauma the victim would have suffered. The indelible imprint which the incestuous act has left in her mind cannot be ignored. She may feel the mental agony and pain for years to come.” 

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