A city resident accused of raping his 12-year-old daughter has been set free by a Delhi court after she and her mother admitted during his trial that they had framed the man to rid him of his heavy alcoholism.
A city resident accused of raping his 12-year-old daughter has been set free by a Delhi court after she and her mother admitted during his trial that they had framed the man to rid him of his heavy alcoholism.
"Present case depicts a glaring example of ill effects of alcohol where a wife and daughter implicated their husband /father in a false case of rape in order to get him rid of his habit of alcohol," said District Judge Sunita Gupta, while acquitting Sanjeev of Gokalpuri.
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The court noted Sanjeev used to ply rickshaw for his family's livelihood, but would end up spending all his hard-earned money on liquor and fight with his wife, prompting her to report the matter to police, which, however, refused to intervene, saying it was a family matter.
The police acted when it received a call from Sanjeev's daughter on July 28, 2010, alleging that her father had raped her under the influence of liquor.
She told police that when she was changing her clothes after returning home from school in the afternoon, her father, present in the house under influence of liquor, began making "filthy remarks" and attempted to remove her clothes and tried to rape her.
She was rescued by her mother, who returned home in the nick of time from work, she told police, adding she called up police on 100 after she managed to get out of the house, when her parents were fighting after the incident.
The police lodged the First Information Report on girl's statement and sent her for medical examination after arresting her father.
During her medical examination, she also told doctor about her regular sexual abuse by her father for last three months with the last one taking place a fortnight back.
The girl and her mother also reiterated it before the magistrate, but as Sanjeev's trial began in the sessions court, the mother-daughter duo disclosed they had framed the man in the rape case to force him quit alcohol, due to which there was frequent fight between the couple.
"When mother of the victim tried to report the matter (about alcoholism) to police, it did not take any action on the ground that it was a family dispute and matter be sorted out within the family," the court said.
"Ultimately, finding no option available to them, the mother and the victim chose the wrong path of getting her husband/father implicated in a false case of committing rape upon his own daughter and the girl was made instrumental in lodging such false report," the judge said.
The court also noted that even the medical report of the girl did not reveal any rape upon her.
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