The Delhi High Court has upheld 10-year jail term awarded by a trial court to a man for raping his neighbour's minor daughter seven years ago.
Dismissing the appeal of Udai Shankar Kumar, a resident of Mehrauli area, Justice G P Mittal upheld the trial court's verdict against him.
"There is no error or infirmity in the impugned judgement," the court said, dismissing Kumar's appeal.
The high court also rejected the convict's argument that the victim's parents had borrowed Rs 10,000 from him and when he had demanded it back, they had falsely implicated him.
Rejecting the testimony of defence witness (a woman neighbour) that Kumar had lent the money to victim's parents but the transaction did not take place in her presence, the court said, "... In the circumstances, the defence version that the appellant (Kumar) was falsely implicated because of non-return of the loan amount is not believable."
"Although, defence witness 1 (DW1) was examined by Kumar ...Yet in her cross-examination, she was candid enough to admit that the loan was not given in her presence.
"Thus, DW1's testimony was only a hear-say evidence and was, therefore, rightly discarded by the trial court. Otherwise also, it is difficult to believe that prosecutrix's parents would level false allegation of rape of their daughter against him," the court said.
"The Court has to be conscious of the fact that the rape was committed on a child aged about eight years. The parents of the child are not only concerned about the reputation of their family, but also about the marriage of the child in due course....," the court said.
The high court also rejected convict's argument on the ground of delay in registration of the FIR saying "....I do not find that the delay in the instant case creates any doubt in the prosecution version".
According to the prosecution, Kumar had raped the eight- year-old girl, his neighbour's daughter, when her parents were away for work on March 23, 2006.
In February 2009, the trial court had held Kumar guilty and sentenced him to 10-year jail term for the offence.
