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The Accused is the Natural Father of the Prosecutrix 'P':

(50) The case of the prosecution is that the accused Ganga Sahay is the natural father of the child prosecutrix 'P' and this is an aspect which has not been disputed by the accused. Even otherwise the mother of the prosecutrix namely Anjula who has been examined as PW16 has proved that this aspect. The present case pertains to allegations of incest rape upon the child by the natural father in the state of intoxication which aspect stands established and proved.

Present: Sh. Sukhbeer Singh, Addl. Public Prosecutor for the State.

Convict Ganga Sahay in judicial custody with Sh. Rajeev Kaul Advocate/ Amicus Curiae.

ORDER ON SENTENCE:

Child sexual abuse are dark realities in Indian society like in any other nation. 53 per cent of our children are sexually abused, State Vs. Ganga Sahay, FIR No. 169/2012, Police Station Vijay Vihar Page 55 according to a statistic from a survey done by the Government of India. A 1985 study by the Tata Institute of Social Sciences reveals that one out of three girls and one out of 10 boys had been sexually abused as a child. 50% of child sexual abuse happens at home. In 1996, Samvada, a Bangalore based NGO, conducted a study among 348 girls. 15% were used for masturbation mostly by male relatives when they were less than 10 years old. 75% of the abusers were adult family members. A report from RAHI, (Recovering and Healing from Incest), a Delhi based NGO working with child sexual abuse titled Voices from the Silent Zone suggests that nearly three­ quarters of upper and middle class Indian girls are abused by a family member often by an uncle, a cousin or an elder brother.

In view of the above background, this Court held that the accused has not only committed the incest rape but he is the natural father of the child victim who was in his custody and by virtue of the same he has also committed a custodial rape and hence he has been held guilty of the offence under Sections 376 2 (f) Indian Penal Code and accordingly convicted.

Heard arguments on the point of sentence. Ld. Amicus Curiae appearing on behalf of the convict has prayed that a lenient view be taken against the convict. He has argued that the convict Ganga Sahay is aged about 32 years of age having a family comprising of wife, two daughters (including the prosecutrix) and two sons. He is totally illiterate and is a rickshaw puller by profession. The convict has already remained in judicial custody for State Vs. Ganga Sahay, FIR No. 169/2012, Police Station Vijay Vihar Page 59 about five months. According to the Ld. Amicus Curiae, the convict is not involved in any other case and is a first time offender.