A Delhi court on Thursday sentenced a man to two years rigorous imprisonment for outraging the modesty of his daughter but acquitted him of the serious charges of raping her as the witnesses, including the minor victim, and her sister turned hostile.
"It is submitted that the accused had tied the hands and legs of the victim. This act itself amounted to outraging the modesty of a woman," Additional Sessions Judge RK Jain said.
The court, however, said, the victim, who has been living at 'Nari Niketan' (women's shelter home) since the date of the incident on May 27 2007, her sister and neighbour Susheela were "out to depose falsely to save the accused Ram Narain".
In her cross-examination, the 14-year-old girl admitted that her father had tied her hands and feet and switched off the light, forcing her to raise an alarm.
"During the trial, the victim made a somersault and deposed that her maternal uncle had done the 'wrong act' (rape) with her. She became unconscious after the incident and blamed the father instead of uncle Sanjay," the court said.
Awarding two-year jail term to the convict, along with a fine of Rs 3,000, the court noted that there was nothing in the medical report of the victim that suggested that she was sexually assaulted.
It, however, said the acts (tying hands and feet) of the accused were sufficient to convict him under Section 354 (outraging the modesty of a woman) prescribing maximum prison term of two years.