The Hindu : National : Daughter's affidavit clears father

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Friday, Nov 25, 2005

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National

Daughter's affidavit clears father

Legal Correspondent

He was convicted on rape charge by the apex court

New Delhi: A 75-year old man, sentenced to life on the charge of raping his daughter, has filed a petition in the Supreme Court seeking a review of the judgment. He has enclosed an affidavit purportedly from his daughter which states that she was induced by her mother to give a false complaint against her father.

A Bench of Justice H.K. Sema and Justice P.P. Naolekar, in its judgment on November 17, found Asha Ram guilty of raping his daughter on the night of August 23/24, 1988. The trial court had sentenced him to five years and ordered that he pay a fine of Rs. 1,000. On appeal, the Himachal Pradesh High Court acquitted him of the charge. The State preferred an appeal in the apex court and the court, while restoring the trial court's conviction, enhanced the punishment to one of life imprisonment and imposed a fine of Rs. 25,000.

Review sought

Seeking a review, Asha Ram submitted that he was innocent. His daughter Seema, who was only 14 years at the time of the alleged incident, was made to give a false complaint at the behest of his estranged wife with the connivance of the police, he said. His daughter had reportedly filed an affidavit on November 22 stating that she was not present at her father's house on the date of the alleged incident, he said.

Asha Ram said his daughter was now prepared to depose before the apex court. He sought an oral hearing of the matter.

The daughter, who has two children, reportedly said in the affidavit: "My father is innocent and he did not commit any rape with me and the case was falsely lodged against him and I also deposed against my father in the court of Additional Sessions Judge, Shimla, at the instance of my mother and police. If I did not depose so at the time against my father then my mother would have harmed me along with police."

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