You are here: Home » PTI Stories » National » News
Business Standard

Mother won't put child's honour at stake: HC

Press Trust of India  |  New Delhi 

A mother is not expected to put the honour of her child at stake by implicating somebody in a molestation case, High has said while upholding the conviction and six-month jail term of a 60-year-old man.

Justice S P Garg said the convict's defence that he was falsely implicated in the case to avoid paying for goods bought from him by the girl's mother was "devoid of merit" as no evidence was shown that anything was purchased from him.



"No ulterior motive was assigned to the child for making a false statement against the individual aged around sixty years and with whom she had no prior ill-will or animosity. The defence that X's mother had purchased certain eatables on credit and was unable to return the amount and was falsely implicated to avoid payment is devoid of merits," it said.

"For such a trivial issue, mother is not expected to put the honour of her tiny child at stake. The petitioner also did not produce on record any evidence to show if any particular item was purchased by victim's mother, and if so, when and for what price. No documentary evidence has emerged on record in this regard. The petitioner who himself was a petty vendor is not expected to sell articles on huge credit," the high added.

According to the prosecution, the accused, a street vendor who sold peanuts and 'gajjak' on a 'rehri' (wheelcart) here, had taken the minor girl to his house on January 10, 2008 when she was on her way home and had outraged her modesty after wrongfully confining her.

The magisterial had held him guilty of the offence and awarded him one year of rigorous imprisonment, which was endorsed by the sessions that however had reduced the sentence to simple imprisonment for six months.

The high upheld the conviction and sentence, saying the "convict was mature enough to understand the consequences of his act, so he does not deserve leniency as the victim was akin to his daughter".

The man had moved the high challenging the legality and correctness of the sessions judge's June 4 judgment.

Holding that the appeal lacks merit, the high has observed that scanning the testimony of the victim, it reveals that despite detailed cross-examination nothing material could be elicited to disbelieve her version.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

RECOMMENDED FOR YOU

Mother won't put child's honour at stake: HC

A mother is not expected to put the honour of her child at stake by implicating somebody in a molestation case, Delhi High Court has said while upholding the conviction and six-month jail term of a 60-year-old man. Justice S P Garg said the convict's defence that he was falsely implicated in the case to avoid paying for goods bought from him by the girl's mother was "devoid of merit" as no evidence was shown that anything was purchased from him. "No ulterior motive was assigned to the child for making a false statement against the individual aged around sixty years and with whom she had no prior ill-will or animosity. The defence that X's mother had purchased certain eatables on credit and was unable to return the amount and was falsely implicated to avoid payment is devoid of merits," it said. "For such a trivial issue, mother is not expected to put the honour of her tiny child at stake. The petitioner also did not produce on record any evidence to show if any particular item was ... A mother is not expected to put the honour of her child at stake by implicating somebody in a molestation case, High has said while upholding the conviction and six-month jail term of a 60-year-old man.

Justice S P Garg said the convict's defence that he was falsely implicated in the case to avoid paying for goods bought from him by the girl's mother was "devoid of merit" as no evidence was shown that anything was purchased from him.

"No ulterior motive was assigned to the child for making a false statement against the individual aged around sixty years and with whom she had no prior ill-will or animosity. The defence that X's mother had purchased certain eatables on credit and was unable to return the amount and was falsely implicated to avoid payment is devoid of merits," it said.

"For such a trivial issue, mother is not expected to put the honour of her tiny child at stake. The petitioner also did not produce on record any evidence to show if any particular item was purchased by victim's mother, and if so, when and for what price. No documentary evidence has emerged on record in this regard. The petitioner who himself was a petty vendor is not expected to sell articles on huge credit," the high added.

According to the prosecution, the accused, a street vendor who sold peanuts and 'gajjak' on a 'rehri' (wheelcart) here, had taken the minor girl to his house on January 10, 2008 when she was on her way home and had outraged her modesty after wrongfully confining her.

The magisterial had held him guilty of the offence and awarded him one year of rigorous imprisonment, which was endorsed by the sessions that however had reduced the sentence to simple imprisonment for six months.

The high upheld the conviction and sentence, saying the "convict was mature enough to understand the consequences of his act, so he does not deserve leniency as the victim was akin to his daughter".

The man had moved the high challenging the legality and correctness of the sessions judge's June 4 judgment.

Holding that the appeal lacks merit, the high has observed that scanning the testimony of the victim, it reveals that despite detailed cross-examination nothing material could be elicited to disbelieve her version.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

image
Business Standard
177 22

Mother won't put child's honour at stake: HC

A mother is not expected to put the honour of her child at stake by implicating somebody in a molestation case, High has said while upholding the conviction and six-month jail term of a 60-year-old man.

Justice S P Garg said the convict's defence that he was falsely implicated in the case to avoid paying for goods bought from him by the girl's mother was "devoid of merit" as no evidence was shown that anything was purchased from him.

"No ulterior motive was assigned to the child for making a false statement against the individual aged around sixty years and with whom she had no prior ill-will or animosity. The defence that X's mother had purchased certain eatables on credit and was unable to return the amount and was falsely implicated to avoid payment is devoid of merits," it said.

"For such a trivial issue, mother is not expected to put the honour of her tiny child at stake. The petitioner also did not produce on record any evidence to show if any particular item was purchased by victim's mother, and if so, when and for what price. No documentary evidence has emerged on record in this regard. The petitioner who himself was a petty vendor is not expected to sell articles on huge credit," the high added.

According to the prosecution, the accused, a street vendor who sold peanuts and 'gajjak' on a 'rehri' (wheelcart) here, had taken the minor girl to his house on January 10, 2008 when she was on her way home and had outraged her modesty after wrongfully confining her.

The magisterial had held him guilty of the offence and awarded him one year of rigorous imprisonment, which was endorsed by the sessions that however had reduced the sentence to simple imprisonment for six months.

The high upheld the conviction and sentence, saying the "convict was mature enough to understand the consequences of his act, so he does not deserve leniency as the victim was akin to his daughter".

The man had moved the high challenging the legality and correctness of the sessions judge's June 4 judgment.

Holding that the appeal lacks merit, the high has observed that scanning the testimony of the victim, it reveals that despite detailed cross-examination nothing material could be elicited to disbelieve her version.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

image
Business Standard
177 22

Upgrade To Premium Services

Welcome User

Business Standard is happy to inform you of the launch of "Business Standard Premium Services"

As a premium subscriber you get an across device unfettered access to a range of services which include:

  • Access Exclusive content - articles, features & opinion pieces
  • Weekly Industry/Genre specific newsletters - Choose multiple industries/genres
  • Access to 17 plus years of content archives
  • Set Stock price alerts for your portfolio and watch list and get them delivered to your e-mail box
  • End of day news alerts on 5 companies (via email)
  • NEW: Get seamless access to WSJ.com at a great price. No additional sign-up required.
 

Premium Services

In Partnership with

 

Dear Guest,

 

Welcome to the premium services of Business Standard brought to you courtesy FIS.
Kindly visit the Manage my subscription page to discover the benefits of this programme.

Enjoy Reading!
Team Business Standard