<p>The Delhi High Court on Monday upheld the life imprisonment awarded to a man and his friend for sexually assaulting his own 10-year-old daughter, saying the acts, which were commited within the closest confines of the family, descending to a different depth of depravity, must be dealt with requisite severity.</p>.<p>A bench of Justices Siddharth Mridul and Anup Jairam Bhambhani confirmed the trial court's order of October 18, 2019 which had convicted them for unnatural sex with the victim, a class III student between May 13 and July 22, 2012.</p>.<p>The bench said considering the depravity of the acts committed against the prosecutrix by a so-called uncle, with the connivance of her own father, we are also of the view that the offending acts go way beyond the physical element of sexual assault but would have severely damaged the mind and psyche of the victim, which trauma may linger for very long. </p>.<p>Finding the girl's testimony as clear, cogent and unwavering, the court noted she stated that her father, committed upon her all acts that Kamal, her father's friend did, save and except digital penetration. However, she unequivocally said that it is her father who had picked her up from her aunt’s place and took her to the place where his friend would subject her to the offences.</p>.<p>The court upheld conviction of the two under Section 377 (unnatural sex) of the IPC but found the order holding them guilty of gang rape as flawed.</p>.<p>"We do not hesitate to repeat, to sexually violate an innocent child is in any case an abhorrent act; but, when that happens within the filial father-daughter relationship, of which purity of affection is a sine-qua-non, the act descends to a different depth of depravity. Without at all appearing to be Biblical, crime in society is one thing; but crime within the closest confines of the family, adds to it the element of sin. Such acts must be dealt, with the requisite level of severity," the bench said.</p>
<p>The Delhi High Court on Monday upheld the life imprisonment awarded to a man and his friend for sexually assaulting his own 10-year-old daughter, saying the acts, which were commited within the closest confines of the family, descending to a different depth of depravity, must be dealt with requisite severity.</p>.<p>A bench of Justices Siddharth Mridul and Anup Jairam Bhambhani confirmed the trial court's order of October 18, 2019 which had convicted them for unnatural sex with the victim, a class III student between May 13 and July 22, 2012.</p>.<p>The bench said considering the depravity of the acts committed against the prosecutrix by a so-called uncle, with the connivance of her own father, we are also of the view that the offending acts go way beyond the physical element of sexual assault but would have severely damaged the mind and psyche of the victim, which trauma may linger for very long. </p>.<p>Finding the girl's testimony as clear, cogent and unwavering, the court noted she stated that her father, committed upon her all acts that Kamal, her father's friend did, save and except digital penetration. However, she unequivocally said that it is her father who had picked her up from her aunt’s place and took her to the place where his friend would subject her to the offences.</p>.<p>The court upheld conviction of the two under Section 377 (unnatural sex) of the IPC but found the order holding them guilty of gang rape as flawed.</p>.<p>"We do not hesitate to repeat, to sexually violate an innocent child is in any case an abhorrent act; but, when that happens within the filial father-daughter relationship, of which purity of affection is a sine-qua-non, the act descends to a different depth of depravity. Without at all appearing to be Biblical, crime in society is one thing; but crime within the closest confines of the family, adds to it the element of sin. Such acts must be dealt, with the requisite level of severity," the bench said.</p>
