JUDGMENT 1. - The alleged rape of his own daughter, the conviction for the offence under Section 376 IPC and sentence of Life Imprisonment have brought the appellant before this Court. 2. The appellant is challenging the judgment dated 21.4.2001 passed by Additional Sessions Judge No.2, Ajmer whereby he has been convicted for offence under Section 376 IPC, and has been sentenced to Life Imprisonment, and has been imposed with a fine of Rs. 5,000/- and further directed to undergo a sentence of one year's simple imprisonment in default thereof. 3. According to the prosecution, on 1.10.2000, Smt. Shanti Devi (PW-4) lodged a written report (Ex.P-1) at Mahila Thana, Ajmer wherein she claimed that she was married to the appellant, Hanuman Singh, about 35 years back. Out of wedlock, she had two sons and,two daughters. She further alleged that since she was assaulted repeatedly and not cared for by her husband, she left the husband, about a year ago. She shifted from Ajmer to Kishangarh to stay with her brother, but her young children continued to stay with her husband. On 25.9.2000 she went to meet her children. When she met her elder daughter (name withheld), her daughter started crying and insisted that against order dated 21.4.01 passed by Addl. Sessions Judge No.2, Ajmer is Sessions Case No. 2/01. she be taken to Kishangarh. Therefore, she brought both her daughters to Kishanarh. At Kishangarh, her daughter told her about the incident which had occurred between her and the appellant. She was shocked to hear about it. The elder daughter revealed to her mother that for the last 5-6 months, her father has been coming at midnight and raping her and has been subjecting her to unnatural acts. He has also threatened the daughter that in case she would reveal these acts to anyone, then he would kill her. She further alleged that on the day when there was Municipal Election, on that day, around 3-4 O'clock in the afternoon, the appellant reped her and on 22.8.2000, again he reped her and threatened her not to reveal this fact to anyone, otherwise he would kill her and he would also lose his job. Lastly, she alleged that he had committed rape in his own house where he was living with both the daughters. 4. Lastly, she alleged that he had committed rape in his own house where he was living with both the daughters. 4. On the basis of this written report, the police registered a formal FIR (Ex.P-2), FIR No. 111/2000 for offences under Sections 376/377 IPC. 5. After completing the investigation the police filed the charge-sheet against the appellant. However, the appellant was charged only for offences under Section IPC and not for offence under Section 377 I.P.C. He denied the charge and claimed trial. In order to prove its case, the prosecution examined 12 witnesses and submitted 16 documents. In order to defend himself, the appellant examined two witnesses and submitted a single document. After going through the oral and documentary evidence, vide judgment dated 21.4.2001, the learned trial court convicted and sentenced the appellant as aforementioned. Hence, this appeal before this court. 6. Mr. Ravi Kasliwal, the learned counsel for the appellant, has vehemently argued that admittedly there are differences between the complainant Smt. Shanti Devi and the appellant, her husband. In fact, even prior to lodging the FIR, Smt. Shanti Devi had already filed a case for maintenance under Section 125 Cr.P.C. against the appellant. Thus, the relationship between the husband and the wife are strained. In order to wreck vengeance on her husband, the complainant has concocted a false case against him. Secondly, the falsity of the case is apparent as according to the complainant, the father used to allegedly rape the daughter in the room when other children were sleeping. Surprisingly, the prosecutrix never protested and the other children never woke up to witness the alleged crime. Moreover, although the proseutrix was staying with her father, grandmother and other brothers and sisters, yet she never complained to any family member about the alleged incident. Lastly, but for the statement of the prosecutrix (PW-6) and of complainant Smt. Shanti Devi (PW-4), there is no corroborative evidence with regard to the alleged incident. Thus, a false case has been foisted on the appellant. 7. On the other hand, Mr. M.L. Goyal, the learned Public Prosecutor; has strenuously argued that the prosecutrix is a young girl of 16 years who has graphically described the incidents. According t0'her medical report (Ex.P-7), her hymen was torn and admits the index finger easily. According to the doctor's opinion, she has been subjected to sexual assault in the past. On the other hand, Mr. M.L. Goyal, the learned Public Prosecutor; has strenuously argued that the prosecutrix is a young girl of 16 years who has graphically described the incidents. According t0'her medical report (Ex.P-7), her hymen was torn and admits the index finger easily. According to the doctor's opinion, she has been subjected to sexual assault in the past. Therefore, there is sufficient corroboration from the medical evidence. Secondly, the law does not require corroborative evidence. In fact the statement of the prosecutrix is sufficient to convict the accused of offence of rape. Lastly, them, is no question of consent as the prosecutrix is a minor girl. 8. In rejoinder, Mr. Ravi Kasliwal, the learned counsel, has pleaded that the hymen can be torn for various reasons excluding sexual intercourse. Further more, since the medical report claims that only the index finger could be inserted easily in the vagina, it clearly proves the lack of penetration. Therefore, the medical evidence belies the claim of prosecutrix. Moreover, he has argued that the punishment of Life Imprisonment is disproportionate to the alleged crime. Therefore, he has pleaded that even if the offence were proved, the punishment should be reduced from Life Imprisonment to ten years' of rigorous imprisonment. 9. We have heard both the learned counsels have examined the record and have perused the impugned judgments. 10. A perusal of prosecutrix's testimony clearly reveals that she has given graphic description of sexual intercourse committed by the appellant upon her. She has also stated that the sexual intercourse was done against her wishes and despite her vehement protest. She has also stated that she was subjected to assault by the appellant. According to her, she was repeatedly threatened that she would be killed, that he would lose his job and the family would strave to death. In the cross-examination, she has not only repeated her allegations about the rape committed on her by the appellant, but she has also stated that when her mother came to Ajmer, she told her something about the incident and narrated the entire incident when she reached Kishangarh. The prosecutrix testimony has not been demolished in the cross- examination; in fact, her testimony has been strengthened in the cross-examination. 11. The prosecutrix testimony has not been demolished in the cross- examination; in fact, her testimony has been strengthened in the cross-examination. 11. In her cross-examination, she has also stated that she has been living with her father for many years and has been living with the mother only for 4-5 months. In the examination-in-chief, she has also deposed that parents have been living separately for the last 4-5 years. Considering the fact that she has been living with her father and not with mother, her natural affection would be for the father and not for the mother. Therefore, the argument of the learned counsel that the prosecutrix has alleged the offence under the influence of the mother, is highly doubtful. Moreover, it is highly unlikely that the daughter would allege such a heinous act for her own father without carpel of truth. The graphic description of the sexual intercourse, repeated statement about the threatening, repeated statement about the assault and the physical cruelty, all reveal the ghastly circumstance to which the prosecutrix was subjected to. Therefore, the first contention of the learned counsel for the appellant is unacceptable. 12. The law no longer requires corroboration of the testimony of the prosecutrix. Repeatedly, the Hon'ble Supreme Court has held that the testimony of the prosecutrix is sufficient to record conviction of the accused. Therefore, even if there is no corroboration to the prosecutrix's testimony, even then her unblemished and unshaken testimony is sufficient for upholding the conviction of the appellant. 13. While dealing with the case of rape with minors, the courts have to be extremely sensitive and be aware of child psychology. Children instinctively trust and respect their parents. For a child the parents are demi-gods; parents are faultless and perfect. A child derives psychological security from the company of his/her parents. There is an instinctive trust-a bond-which exists between the parents and the child. But, when the trust is betrayed, the child's personality and psychology is shattered. When the child is subjected to sexual intercourse by the parents or by any other person, the child is traumatized. Therefore, at such a critical stage to expect the child to speak about his horrowing experience, is highly unrealistic. When the child is faced with a traumatic experience, he/she generally withdraws within, trying to reassemble the shettered pieces of his/her life. Therefore, at such a critical stage to expect the child to speak about his horrowing experience, is highly unrealistic. When the child is faced with a traumatic experience, he/she generally withdraws within, trying to reassemble the shettered pieces of his/her life. Thus, it is natural for the prosecutrix not to have revealed her tormented existence to the grandmother and to the other family members. In her cross-examination, the prosecutrix tells us that the grandmother was staying near their house but not with them. Moreover, she had told her younger sister and her younger brother that her father has been physically assaulting her. Even if she did not reveal the sexual intercourse that she was subjected to by the father, it is neither surprising nor fatal to the prosecution. Our society being a closed one, it is natural phenomena for the women to maintain the modesty and to suffer silently. Therefore, silence of the prosecutrix is nothing abnormal. When the prosecutrix met her mother, she confided in her. This act was very natural as generally daughters tend to confide in the mother. Hence, the second contention raised by the learned counsel about the silence of the prosecutrix is also without force. 14. From ancient time to modern, rape has been condemned as a heinous crime. It is not only a crime against the individual, but also a crime against humanity. The sanctity and the sacredness of the body stands defiled. The victim is physically abused and psychologically shocked. Thus, the trauma continues to haunt the victim throughout her life. She is ostracised, she is forgotten, she is lost and lonely. Her pain, agony and anguish is viceless. The feeling of being violated, gnaws at her very soul at every moment of her existence; her universe disintegrates into a void and her life plunges into a depth out of which she cannot climb. Legally, not just a crime has been committed, but more importantly the fundamental right to "life" and "personal liberty" as enshrined under Art. 21 of the Constitution of India, stands desecrated. Therefore, such a crime is to be condemned in the harshest words. Keeping in view the heinous nature of the offence, the legislature in its wisdom has prescribed a sentence of Life Imprisonment. 15. Therefore, such a crime is to be condemned in the harshest words. Keeping in view the heinous nature of the offence, the legislature in its wisdom has prescribed a sentence of Life Imprisonment. 15. In the case of (1) State of Punjab v. Gurmit Singh (1996) 2 SCC 384 , the Hon'ble Supreme Court observed as under : Rape is not merely a physical assault - it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female. The courts, therefore, shoulder a great responsibility while trying an accused on charges of rape. They must deal with such cases with utmost sensitivity. The courts should examine the broader probabilities of a case and not get swayed by minor contradictions or insignificant discrepancies in the statement of the prosecutrix, which are not of a fatal nature, to throw out an otherwise reliable prosecution case. If evidence of the prosecutrix inspires confidence, it must be relied upon without seeking corroboration of her statement in material particulars. If for some reason the court finds it difficult to place implicit reliance on her testimony, it may look for evidence which may lend assurance to her testimony, short of corroboration required in the case of an accomplice. The testimony of the prosecutrix must be appreciated in the background of the entire case and the trial court must be alive to its responsibility and be sensitive while dealing with cases involving sexual molestations. 16. In the case of (2) State of Rajasthan v. Om Prakash (2002) 5 SCC 745 , the Hon'ble Supreme Court has observed as under : Child rape cases are cases of perverse lust for sex where even innocent children are not spared in pursuit of sexual pleasure. It is a crime against humanity. In such cases, responsibility on the shoulders of the courts is more onerous so as to provide proper legal protection to these children. Their physical and mental immobility call for such protection. Children are the natural resource of our country. They are the country's future hope of tomorrow rests on them. In our country a girl child is in a very vulnerable position and one of the modes of her exploitation is rape besides other modes of sexual abuse. These factors point towards a different approach required to be adopted. Children are the natural resource of our country. They are the country's future hope of tomorrow rests on them. In our country a girl child is in a very vulnerable position and one of the modes of her exploitation is rape besides other modes of sexual abuse. These factors point towards a different approach required to be adopted. It is necessary for the courts to have a sensitive approach when dealing with cases of child rape. The effect of such a crime on the mind of the child is. likely to be lifelong. A special safeguard has been provided for children in the Constitution of India in Article 39. 17. Moreover in the case of (3) Dhananjoy Chatterjee v. State of West Bengal (1994) 2 SCC 220 , the Hon'ble Supreme Court observed as under : In recent years, the rising crime rate-particularly violent crime against women has made the criminal sentencing by the courts a subject to concern. Today there are admitted disparities. Some criminals get very harsh sentences while many receive grossly different sentence for an essentially equivalent crime and a shockingly large number even go unpunished thereby encouraging the criminal and in the ultimate making justice suffer by weakening the system credibility. Of-course, it is not possible to lay down any cut and dry formula relating to imposition of sentence but the object of sentencing should be to see that the crime does not go unpunished and the victim of crime as also the society has the satisfaction that justice has been done to it. In imposing sentences in the absence of specific legislation, Judges must consider variety of factors and after considering all those factors and taking an overall view of the situation, impose sentence which they consider to be an appropriate one. Aggravating factors cannot be ignored and similarly mitigating circumstances have also to be taken into consideration. In our opinion, the measure of punishment in a given case must depend upon the atrocity of the crime; the conduct of the criminal and the defenseless and unprotected state of the victim. Imposition of appropriate punishment is the manner in which the courts respond to the society's cry for justice against the criminals. Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime. Imposition of appropriate punishment is the manner in which the courts respond to the society's cry for justice against the criminals. Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime. The courts must not only keep in view the rights of the criminal but also the rights of the victim of crime and the society at large while considering imposition of appropriate punishment. 18. In the case of (4) Dinesh @ Buddha v. State of Rajasthan (2006) 3 SCC 771 , the Hon'ble Supreme Court held as under : The measure of punishment in a case of rape cannot depend upon the social status of the victim or the accused. It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. Crimes of violence upon women need to be severely dealt with. The socio-economic status, religion, race, caste or creed of the accused or the victim are irrelevant considerations in sentencing policy. Protection of society and deterring the criminal is the avowed object of law and that is required to be achieved by imposing an appropriate sentence. The sentencing courts are expected to consider all relevant facts & circumstances bearing on the question of sentence and proceed to impose a sentence commensurate with the gravity of the offence. The courts must hear the loud cry for justice by society in cases of the heinous crime of rape on innocent helpless girls of tender years, as in this case, and respond by imposition of proper sentence. Public abhorrence of the crime needs reflection through imposition of appropriate sentence by the court. There are no extenuating or mitigating circumstances available on the record which may justify imposition of any sentence less than the prescribed minimum on the respondent. To show mercy in the case of such a heinous crime would be a travesty of justice and the plea for leniency is wholly misplaced. 19. In the case of (5) Madan Gopal Kakkad v. Naval Dubey (1992) 3 SCC 204 , Mr. Justice Pandian speaking for the Hon'ble Supreme Court observed that "Judges who bear the Sword of justice should not hesitate to use that sword with the utmost severity, to the full and to the end if the gravity of the offences so demand." 20. Justice Pandian speaking for the Hon'ble Supreme Court observed that "Judges who bear the Sword of justice should not hesitate to use that sword with the utmost severity, to the full and to the end if the gravity of the offences so demand." 20. In the case of (6) State of H.P. v. Asha Ram (2005) 13 SCC 766 , the Hon'ble Apex Court dealt with the case where the prosecutrix was raped by her father. The Hon'ble Apex Court enhanced the sentence from 5 years to Life Imprisonment. 21. Considering the fact that the appellant has broken the sacred bond between the father and the child, considering the fact that in order to satisfy his carnal lust, he has prayed on his own daughter, considering the agony of the victim, and lastly considering the consequence of such an act on society at large, we uphold the conviction of the appellant. 22. For the reasons aforementioned we do not find any merit in the instant appeal and the same accordingly stands dismissed. Conviction and sentence awarded to appellant under Section 376 IPC are maintained.Appeal dismissed. *******