Sexual Assault on a Young Girl Damages her Personality and leaves Lifelong Trauma.- Patna HC

Case: F vs the State of Bihar

Court: Justices Anant Badar and Rajesh Kumar Verma

The Patna High Court recently observed that sexual assault on a young girl damages her personality and leaves lifelong trauma. The Court made the observation while upholding the life term of a man who had raped his two minor daughters from 2007 to 2013.

The Patna bench said that rape not only causes physical pain but also psychological trauma to the survivor.

Background

The man's wife died by suicide on November 14, 2007, due to frequent quarrels with the appellant. In 2007, the accused started sexually assaulting his elder daughter, who was a minor at that time.

As the appellant was her father, she didn't complain to anyone about his regular sexual abuse. However, the elder daughter informed her maternal aunt when the accused started abusing his younger daughter as well. According to the accused, the aunt forced him to marry her, and, when he refused, she tutored the girls to testify against him. In spite of this, the girls mustered courage on July 30, 2013, and lodged a First Information Report (FIR) against him under the provisions of the Protection of Children from Sexual Offences and rape.

Held

The bench allowed the conviction of the appellant while emphasizing the importance of properly appreciating a rape victim's testimony, the bench emphasized that such a victim is not an accomplice, but rather a victim of someone else's lust.