Madras High Court: Living worse than death for man who raped own child

CHENNAI: The Madurai Bench of the Madras High Court recently commuted the death sentence of a man who sexually assaulted his minor daughter, saying living the rest of his life in guilt is a harsher punishment.

According to the prosecution’s case, the father committed repeated penetrative sexual assault on his minor daughter in 2023, whenever his wife was away working in farms. The girl became pregnant, which came to light when the mother took her to a Primary Health Centre upon noticing changes in her physique. The police were informed, and a case was subsequently registered for offences under Sections 5(l), 5(m), 5(j)(ii) read with Section 6 of the POCSO Act and under Section 351(3) of the BNS.

The pregnancy was terminated, and a DNA test of the foetus was conducted, confirming that the girl’s father was the perpetrator.

Last year, the special court judge for cases filed under the POCSO Act sentenced him to death after considering the consistent testimony of the girl, the corroborative evidence of her elder sister and mother, and medical and scientific evidence.

When the trial court’s order came up for confirmation before the Madurai Bench, Justices N Anand Venkatesh and KK Ramakrishnan said considering all factors, the court was satisfied that the prosecution had proved the guilt of the accused.

The court noted that the man stood alone due to social and familial abandonment and his family had sought the severest punishment for him. It further noted that the man was living a life of exile, which was not merely an incidental hardship but a continuing and severe form of punishment.

“He exists in a condition of stark isolation cut off from family, village, and society at large... It reflects a state where the appellant, though alive, is socially extinguished,” the court said.

However, the court observed, the trial judge had not given the accused an opportunity to present mitigating circumstances. On April 7, the bench commuted the death sentence to life imprisonment for the remainder of his natural life, leaving him to live with the guilt of his actions.