Case Note & Summary
The appellant, Mohd. Ishtiyak Ismile Shaikh, was convicted by the Additional Sessions Judge, Greater Bombay, for offences under Section 376(2)(f) of the Indian Penal Code (IPC) and Section 323 IPC. He was sentenced to life imprisonment for the rape of his minor daughter and two years rigorous imprisonment for causing hurt. The victim, who was studying in 4th standard at the time of the first incident, testified that her father forcibly had sexual intercourse with her after assaulting her with a belt. The abuse continued over several years, during which the victim became pregnant and was given tablets by her father to terminate the pregnancy. The victim eventually disclosed the abuse to her aunt, leading to the filing of an FIR. The appellant challenged the conviction on the grounds that the victim's testimony was unreliable and that there was a delay in lodging the FIR. The High Court, after examining the evidence, found the victim's testimony to be credible and corroborated by medical evidence. The court noted that the delay in filing the FIR was explained by the victim's fear and the appellant's threats. The court upheld the conviction and sentence, emphasizing the heinous nature of the crime and the breach of trust by the father.
Headnote
A) Criminal Law - Rape of Minor Daughter - Section 376(2)(f) IPC - Conviction - The appellant was convicted for committing rape on his minor daughter over a period of time. The victim's testimony was found credible and corroborated by medical evidence and the timing of the FIR. The court held that the conviction was sustainable and the sentence of life imprisonment was appropriate. (Paras 1-21) B) Criminal Law - Sentencing - Life Imprisonment - Section 376(2)(f) IPC - The court upheld the sentence of imprisonment for life till the death of the appellant, noting the heinous nature of the crime and the relationship of trust betrayed. (Paras 20-21)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f) IPC and Section 323 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge, Greater Bombay, are upheld.
Law Points
- Rape of minor daughter
- Section 376(2)(f) IPC
- Section 323 IPC
- life imprisonment
- credibility of victim testimony
- corroboration by medical evidence
- delay in FIR explained
- no consent by minor
