Minor girl ‘raped’ by step-father: Calcutta High Court trims down life sentence to 20 years

kolkata: In a heart-wrenching case where a minor daughter was allegedly raped by her step-father in 2012, the Calcutta High Court, taking into account the poor economic condition and the victimisation of the family, modified the life sentence of the accused, the sole earning member, to 20 years. The Bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was moved by the appellant (step-father) against the 2014 trial court’s judgement and order convicting him under Section 376(2)(f) of IPC and sentencing him to life in prison.

The victim’s mother had married the appellant who had two daughters. On October 2012, when the mother went to work the step-father allegedly raped one of the daughters who initially suppressed it out of fear. She alleged she was subjected to “penetrative sexual assault” and cried out in pain.

The daughter told her mother who took her to a doctor. A written complaint was lodged at the Electronic Complex Police Station. During the probe, the victim and the mother’s statements were recorded before the magistrate.

The victim was medically examined. Appellant was arrested and a chargesheet was filed. The appellant’s counsel submitted that both the victim and her mother didn’t support the prosecution’s case.

The mother became a hostile witness. However, the victim told the police and magistrate she was told not to disclose the incident in court by her mother. Hence, she resiled during cross examination.

Opposing the appeal, the state’s counsel said the mother backed out to fear and economic distress.

The court observed that the “heinous act of the step father of predating on the minor child was deplorable”.

Modifying the life sentence to 20 years, the court observed that “while the grave and diabolical act points to deterrent sentencing, socio economic circumstances and the impact of indeterminate sentence leading to severe economic distress and victimisation of the entire family is a relevant ameliorative consideration”.

The detention period suffered by the appellant during probe, enquiry and trial was set off against the substantive sentence imposed upon them under Section 428 of CrPC.