Bengaluru, June 16 The Karnataka High Court on Monday acquitted a father of charges of sexually assaulting his daughter, upholding the judgment of the trial court.
A division bench of Justices Sreenivas Harish Kumar and K.S. Hemalekha passed the order and dismissed the wife's appeal. The complaint against the husband was registered by the wife, who was the primary witness in the case.
The wife alleged that her husband sexually abused their then 3-year-and-10-month-old child in April 2010, as well as in the last week of May 2012, and on June 13, 2012.
The trial court had acquitted the accused due to the absence of convincing evidence.
The High Court noted in its order that the victim's medical evidence did not suggest clear signs of abuse on the child. Refusing to accept the statements of the victim child, the bench stated that the victim admitted being trained by her mother, with promises of chocolate and a picnic, to make statements against her father in court.
While dismissing the appeal, the High Court stated that the prosecution failed to prove the accused's guilt beyond a reasonable doubt. The medical reports did not support the accusation, and the witness statements contained many inconsistencies and procedural lapses.
The trial court had also opined that the case was the result of a misunderstanding between the husband and wife. It further observed that the wife was using the child to prevent the husband from leaving the country and noted the assistance she received from NGOs in this regard.
It had also stated that the wife had begun collecting evidence before lodging a police complaint.
The wife had challenged the acquittal order in the High Court.
The accused submitted to the court that his relationship with his wife had soured, and he had decided to end the marriage. He claimed that the FIR against him was falsely lodged with child custody in mind. He further contended that although his wife claimed he had violated the child in 2010, the FIR was only lodged in 2012.
The High Court stated that the links between the wife and an NGO, along with repeated consultations, suggested a well-orchestrated build-up rather than immediate reporting, which raised doubts about credibility.
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