High Court of Jammu & Kashmir and Ladakh has upheld the conviction and life imprisonment of a man involved in the 2011 rape of his own one-year-old granddaughter. The case, identified as Bodh Raj V/s State of Jammu and Kashmir & Ors, has elicited a strong response from Justices Sanjay Dhar and Rajesh Sekhri, who expressed their deep concern over the deteriorating respect for women in society.

Despite the watershed moment represented by the 2012 "Nirbhaya" case, wherein a woman was subjected to a brutal gang rape and subsequent murder on a moving bus in Delhi, the Court noted with disappointment that the situation has shown little improvement. The Court emphasized that women possess an inherent right to life, liberty, and equal treatment as citizens. It unequivocally stated that their honor and dignity should remain inviolable, emphasizing that women are multifaceted individuals and not objects for exploitation.

The Court's bench expressed distress over the escalating incidents of crimes against women, especially rape, in recent times. The observed rise in cases of molestation, outraging modesty, and rape is viewed as an unfortunate indication of declining values in the Indian society. What were once cherished standards of decency, morality, and ethics seem to be diminishing rapidly.

The Court commented that such instances represent a grave stain on society and underscore a regrettable apathy towards the violation of human dignity in cases of sexual crimes. It stressed the significant responsibility borne by the courts when dealing with individuals accused of rape.

Specifically referring to the case at hand, the Court employed strong language to convey its horror at the situation. It mentioned that it is deeply unsettling to comprehend that a maternal grandfather could indulge his base desires and commit such a heinous act against his own one-year-old granddaughter.

The High Court reviewed the appeal brought forth by the defendant, Bodh Raj, who challenged his 2013 conviction by a trial court under Section 376 (2) (f) of the Ranbir Penal Code. This section pertains to the rape of a child under the age of 12. Raj was accused of fleeing from a room where his one-year-old granddaughter was discovered bleeding and crying. Medical examination revealed evidence of physical trauma, with the child's hymen torn and fresh injuries on her genitals. While a doctor suggested the possibility of sexual assault, the Court underlined that the determination of rape is a legal matter, not a medical diagnosis.

Raj argued that he was falsely implicated due to past disputes with the complainant and contended that there was no apparent motive for him to commit such a crime. However, the High Court dismissed his arguments, particularly in light of a compelling account from a key eyewitness.

The Court emphasized that motive becomes less pertinent when direct evidence from an eyewitness is available. It stated that sexual offenses are typically driven by perverted sexual desire and a warped mindset, factors that may lead individuals to commit such brutal acts.

Ultimately, the Court reached the conclusion that the prosecution successfully proved its case against Raj. The High Court deemed the offense committed by the appellant to be exceptionally gruesome, beyond the bounds of what a normal human being could contemplate. The appeal was thus dismissed, solidifying the life imprisonment sentence for Raj in this deeply distressing case.