The Delhi High Court has upheld the lower court decision awarding life imprisonment to a man for raping his minor daughter in 2009.
A bench of justices Pradeep Nandrajog and Mukta Gupta said the convict Saleem Qureshi had left the family four years back when baby 'Z' was hardly 10-15-days-old and on his return to his house in 2009, had raped the daughter.
"We affirm the appellant's conviction for the offence of having raped his minor daughter and as regards the sentence to undergo imprisonment for life, we cannot overlook the fact that appellant left the family four years back when 'Z' was hardly 10-15-days-old. He returned to the house in the month of April 2009 and raped 'Z' the same month.
"The acts of perversity were not only to rape the infant but even indulge in a lip lock kiss (evidenced by the fact that the lips of baby were swollen), licking and biting the private parts of baby (evidenced by bite marks present on labia)....," the court said.
The High Court's decision came on a appeal moved by the father against the lower court's April 2011 order convicting and sentencing the accused to life imprisonment for raping his own minor daughter.
Seeking acquittal in the case, the counsel for the convict said that the offence took place on April 04, 2009, before the Penal Code was amended on February 03, 2013.
The counsel submitted that the MLC would establish at best the appellant having inserted his finger in the private parts of his daughter.
The court turned down Qureshi's contention, observing that the testimonies of the girl, her mother and elder sister hahad clearly pointed towards the accused' involvement.
"From the testimony of the appellant's wife, it is apparent that the appellant had returned to the house after deserting her and his four daughters four years ago....
"Her testimony would evidence that in the house when she had left the children under the care of the appellant, on her return she saw 'Z' in pain. She was crying. Blood was oozing....," the court noted and dismissed Qureshi's appeal.
