Delhi: Man gets relief in daughter's sex assault case

New Delhi: The Delhi high court converted a case of a father sexually assaulting his 17-year-old daughter into attempt to sexually assault her and modified his sentence from seven years of imprisonment to five years.

In the present case, the testimony of the victim finds corroboration from the medical evidence to the extent that an attempt was made to commit rape. Hence, the convict could have been convicted only for committing the offence punishable under Section 376/511 (rape and attempt to commit offence) IPC,’’ the court said

In view of the above discussion, the conviction of the appellant (convict) is altered from Section 376 to Section 376/511 IPC. Since the conviction of the appellant has been altered from under Section 376 to under Section 376/511 IPC and from under Section 6 of (Protection of Children from Sexual Offences (POCSO) Act to under Section 10 of POCSO Act, the sentence awarded to him for the said offences also need to be modified,’’ the court stated.

Considering the facts and circumstances of the case, the appellant/convict is sentenced to undergo rigorous imprisonment of five years.’’ the court stated modifying his sentence.

The victim’s mother had died a few years ago before the incident. The victim has a younger brother. n her complaint, she had alleged that about four or five months before she lodged the case when she was alone at home and her brother was away to school, her father came home and did galat kaam (balatkaar) with her and also warned her not to disclose this incident to anyone. Due to fear she kept quiet.

Her father also committed rape on her second time but due to fear she kept quiet,’’ the complainant further said.