Delhi HC denies bail to man accused of raping daughter

The ruling came on a petition filed by the minor seeking cancellation of the bail granted to her father

The Delhi High Court has cancelled the bail of a man accused of repeatedly raping his daughter since she was 10, calling it an “unfortunate case” of betrayal by a father who was meant to protect her.

The ruling came on a petition filed by the minor seeking cancellation of the bail granted to her father.

Justice Neena Bansal Krishna, in her verdict delivered Tuesday and released later, said there could be nothing more serious than a child being subjected to such exploitation by the very person who is her father and was bound by a sacred duty to safeguard her well-being.

“It is an unfortunate case of physical and sexual exploitation of the petitioner by none other than her own father, since she was about 10 years old… There cannot be anything more grave than a child being abused by her own father, who gave her birth and holds the pious duty and responsibility of ensuring her safety,” the court said.

The ruling came on a petition filed by the minor seeking cancellation of the bail granted to her father.

According to the case, the girl lodged a first information report (FIR) in 2021 under provisions of the Indian Penal Code, including rape, sexual assault as well as sections 6 (aggravated penetrative sexual assault) and 10 (aggravated sexual assault) of the Protection of Children from Sexual Offences (Pocso) Act. In it, she alleged that after she attained puberty in 2016, her father began sexually abusing her, forcing her to watch pornography, and threatening to assault her mother if she spoke out.

The man was arrested on June 7, 2021, but granted bail just eight days later, on June 15.

In her plea, the girl said the trial court overlooked the gravity of the offences, despite allegations of sexual abuse spanning five to six years, and claimed his release was influenced by a senior police officer – an assistant commissioner of police (ACP) in Delhi Police.

Opposing the petition, the father argued that the case was a tool of harassment, alleging that the mother had manipulated the child as part of a matrimonial dispute.

Rejecting his contention, the high court said the trial court had granted bail without properly considering the nature of the allegations. It also noted that when the child attempted to confide in her paternal grandparents, they dismissed her and refused to believe her.