HC reduces sentence of man who raped minor daughter

A man who raped his minor daughter six years ago got away with a lighter sentence with the Delhi High Court reducing his life term to 10 years, holding that he is a father of four children.
Though the court held that the heinous crime deserves "severest of punishment", it said the sentence was being altered as he has three daughters and a son.
While upholding the conviction of the man, a bench of justices Kailash Gambhir and Sunita Gupta said, "There can never be a graver heinous crime than a father being charged of raping his daughter" and that in the instant case the man "deserves severest of punishment".

It, however, reduced to 10 years the life imprisonment awarded by the trial court in 2010 to him.
"If we look at the heinous, barbaric and sinful crime which the appellant had committed with his own daughter, undoubtedly, he deserves severest of punishment but the court has to examine the facts of the case in all equanimity, it cannot be confuted that the imposition of punishment would be decided on the basis of entire factual matrix, the court has to draw a line to segregate the severity of the offence," the bench said.
It also said that the court has to "draw a line to segregate the severity of the offence, the law demarcates in the punishment clause beginning from 7 years of punishment at the least to life imprisonment at the most and the same has to be adopted in the light of facts of an individual case".

It directed Delhi government to pay to the victim compensation of Rs three lakh, the maximum amount possible under the Delhi Victims Compensation Scheme, 2011.

It also sought response, by April 30, of the Centre and the Lt Governor on steps taken to sensitise people and create awareness among them about the law dealing with various sexual offences and the punishments provided for these.
The bench expressed its angst over non-adherence to guidelines, laid down by Department of Health Research and Supreme Court, on how doctors should deal with rape victims.
It said women are most vulnerable in such a situation and the examining doctors are expected to provide her medical care and psychological counselling, but "the practice is completely contrary" and 90 per cent of the time doctors do their job "just for the heck of it" with "recklessness and disinterest".

The court said that where such "casual and cavalier approach" is adopted by doctors or hospitals, they "should be dealt with the heavy hand" and serious consequences should entail upon them.