Rape shakes insight of a woman who was once a happy person: Punjab and Haryana high court

CHANDIGARH: Observing that the offence of rape shakes the insight of a woman who once was a happy person, the Punjab and Haryana high court has held that rape or an attempt to rape is a crime not against an individual but a crime which destroys the basic equilibrium of the social atmosphere.
Division bench comprising Justice B S Walia and Justice Lalit Batra has passed these orders while upholding the conviction of a Faridabad resident who was awarded life imprisonment (the maximum sentence for rape case) for raping his 13-year-old daughter on May 14, 2013.He was booked by Tigaon police station in Faridabad for rape and other charge under POCSO Act on the complaint of the accused's employer and arrested on October 31, 2012.
Court has taken the view that the offences against the woman, more particularly sexual assault, are increasing, and it is necessary for the courts to imbibe the legislative wisdom and to respect it, as offence of rape not only lowers the dignity of a woman but also mars her reputation.
On the accused father's contention of false implication, the HC has held that no girl of self- respect and dignity who is conscious of her chastity, having expectations of married life and livelihood, would accuse falsely any other person of rape, much less her father.
In his appeal against conviction by Faridabad court, the appellant had submitted before the HC that alleged incidents of rape commenced in the winter of 2011-2012, whereas the complaint had been moved on October 30, 2012, after around one year, and as such there was inordinate delay in bringing the matter to the notice of police and this alone creates doubt in the veracity of prosecution version. It was also contended that the appellant along with family members (eight in number) was staying in a one-room accommodation, and in this scenario, it was quite improbable that he used to commit rape upon his daughter and that too for the one year.
Strongly protesting against his appeal, the state, however, submitted that the prosecutrix has categorically narrated the prosecution version and her mother has also come to her rescue.
While dismissing the appeal, the HC has also directed the District Legal Services Authority (DLSA), Faridabad, to release an amount of Rs 4.5 lakh to the victim/prosecutrix within three months.