'Rape Disrupts Society,' Says Punjab & Haryana High Court

The Punjab and Haryana High Court, acknowledging that the offence of rape has a profound impact on a woman's psyche, causing immense distress, has emphasised that rape or an attempt to rape is not just a crime against an individual but a crime that disrupts the fundamental harmony of society.

Court Observations

A division bench consisting of Justice BS Walia and Justice Lalit Batra issued these orders while upholding the conviction of a Faridabad resident who had received a life sentence (the maximum penalty for a rape case) for sexually assaulting his 13-year-old daughter on May 14, 2013. The accused was charged with rape and other offences under the POCSO Act based on the complaint of the victim's employer, and he was arrested on October 31, 2012.

The court noted that crimes against women, particularly sexual assaults, are on the rise and stressed the importance of courts respecting legislative intent, as the offence of rape not only diminishes a woman's dignity but also tarnishes her reputation.

Addressing the accused father's claim of false implication, the High Court ruled that no girl with self-respect and dignity, conscious of her chastity and expectations of married life and livelihood, would falsely accuse someone, especially her father, of rape.

Case Details

In his appeal against his conviction by the Faridabad court, the appellant argued that the alleged incidents of rape began in the winter of 2011-2012, while the complaint was filed on October 30, 2012, after nearly a year. He contended that this delay cast doubt on the credibility of the prosecution's account. He also claimed that he, along with his family members, lived in a one-room accommodation, making it highly improbable that he could have committed rape against his daughter over the course of a year.

However, the state vehemently opposed his appeal, pointing out that the victim had provided a clear account of the prosecution's version, and her mother had supported her claims.

In dismissing the appeal, the High Court ordered the District Legal Services Authority (DLSA) in Faridabad to release an amount of Rs 4.5 lakh to the victim within three months.

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