Rss

  • stumble
  • youtube
  • linkedin

Father had consensual sex with Minor Daughter ? NO, its RAPE

 rapepublic1

 

An adult committing sexual acts with a minor, especially his daughter cannot be termed consensual, ever.

when guardian of minor is perpetrator, how can her statement of consensual sex have any sanction ?

Father raped daughter , it was abuse and coercion how can it be consensual sex ?

 

 

 

Can Navy dismiss a man for having sex with daughter? 

The SC on Thursday agreed to examine a critically sensitive issue -can a Navy officer be dismissed from service for having consensual sexual relations with his daughter?
A girl in a Navy school at Goa confided with a counselor in August 2010 that she was being sexually abused by her father from the age of five and that in 2009 she had become pregnant, which had to be terminated by a doctor. She also told the counselor that she was concerned about her younger sister.The counselor reported the matter to higher authorities.
A board of inquiry probed the matter. In May 2012, the Navy set up a General Court Martial and the man was charged under section 376 (rape), 506 (criminal intimidation) and 354 (outraging modesty of a woman), read with section 72 (2) of the Navy Act. During the trial, the girl resiled from the narration she had made before the counselor and told GCM that she shared a consensual sexual relationship with her father.
This demolished the entire prosecution story and the charges against the Navy man, a Petty Officer (Steward), who was then posted to INS Kadamba and attached to INS Gomantak in Goa.But, the GCM in June 2012 found him guilty under Section 53(b) of the Navy Act, which provided that “any indecent act shall be punished with imprisonment for a term which may extend to two years“.
The GCM termed the man’s actions “indecent“ and awarded a 1-year imprisonment. However, the GCM also decided to invoke Section 82(4) of the Navy Act against him for intimidating the daughter to change her statement during trial. It imposed a sentence of “dismissal with disgrace“, which denied him pensionary benefits.
The man appealed against the 1year sentence and “dismissal with disgrace“ before an Armed Forces Tribunal’s (AFT) bench in Mumbai.Last December, the AFT partly allowed his appeal. It upheld the conviction and sentence under Section 53(b) and 1year sentence. However, it set aside the order for his dismissal with disgrace, as a result entitling the man with all retirement benefits.MoD challenged the verdict before SC. Arguing for the Navy , ASG Maninder Singh told a bench of Justices J S Khehar and Adarsh Goel that Navy is a disciplined force and such indecent and indiscipline act of the petty officer would cause grave disturbance to the morale and overall upkeep of the discipline.He said: “In a disciplined force like the Navy, an indecent act if committed by a sailor, needs to be taken to its logical conclusion by the award of punishment corresponding with the gravity of the offence and any mercy or sympathy on the quantum of punishment would be counter productive.“The bench agreed to consider afresh the case against the Navy man and issued notice to him. On Singh’s plea, the SC also stayed the AFT direction to pay pensionary benefits to the man, who has now retired from service.

http://epaperbeta.timesofindia.com/Article.aspx?eid=31804&articlexml=Can-Navy-dismiss-a-man-for-having-sex-03072015014021

Related posts

Leave a Reply

%d bloggers like this: