SC orders action against woman in rape case

“In our view, the subsequent affidavit filed by the daughter appears to be to bail out her father from undergoing life sentence,” the court said as it rejected a petition filed by father Asha Ram seeking a review of the judgment of the apex court, that enhanced his punishment.

The octogenarian father was an employee of the Raj Bhavan when a case was registered against him for raping his daughter 20 years ago. While the trial court awarded him 10 years imprisonment, the Himachal Pradesh High Court acquitted him. The apex court later not only set aside his acquittal, but also enhanced the 10 years imprisonment to life sentence. The daughter, now married with two children, then filed an affidavit claiming that she deposed falsely in the trial court at the instance of her mother. The affidavit by the daughter about her father’s innocence was filed on November 22, 2005, a week after the apex court awarded life sentence to him.

The daughter in her affidavit had said “she was a minor child of about 14 years when she was compelled by her mother to register a case against her father and later deposed in the trial court”.

However, the Bench was not convinced with the new affidavit and said that before arriving at the decision both the trial and the apex court examined her statement.

“Before the trial court she gave a statement that her father raped her on the fateful day. Relying upon this statement, the trial court convicted the father.

“It was re-examined by this court and accepted her statement and this court was of the view that the statement accordingly inspires confidence,” the Bench pronouncing its decision in the open court said.

“Since we are dismissing the review petition we direct Sessions Judge, Shimla to take the affidavit filed by the daughter and initiate proceedings under Sections 191 (giving false evidence), 192 (fabricating false evidence) and 193 (punishment for false evidences),” it directed.