CUTTACK: The Orissa High Court has upheld a trial court’s 10-year conviction of a man for raping his minor daughter 14 years back. The High Court ordered the convict’s release from jail as he has already served the sentence. While dismissing the man’s criminal appeal, Justice SK Sahoo said, “The crime committed by the appellant has a deleterious effect on the civilised society. The crime being perpetrated by a father against his own daughter, it warrants a strong deterrent judicial hand”.
Justice Sahoo, in his November 25 order, a copy of which was made available on Monday further said, “I find no infirmity or illegality in the impugned judgment and order of conviction passed by the trial court. In fact, the sentence awarded by the trial court cannot be said to be excessive under any circumstances.”
The case was registered at Ranpur police station in Nayagarh district on August 27, 2007. The victim was the informant. The Court of Assistant Sessions Judge-cum-Chief Judicial Magistrate, Nayagarh found the father guilty and sentenced him to rigorous imprisonment for 10 years along with fine of Rs 20,000 on October 20, 2009. The convict had filed the criminal appeal in 2010.
“The appellant was taken into judicial custody in connection with the case on August 27, 2007. Neither was he released on bail during the trial nor during the pendency of the appeal. Therefore, the appellant has already undergone the sentence. Thus, he shall be released from custody forthwith, if his detention is not required in any other case,” Justice Sahoo said. He added that rape is more heinous than murder as it destroys the very soul of the hapless woman.