Delhi HC denies bail to man who raped his 6-year-old daughter

On Tuesday, September 10, the Delhi High Court denied bail to a father accused of raping his six-year-old daughter in August last year, highlighting the often insurmountable long-term consequences of childhood sexual abuse. “An act of sexual abuse or sexual harassment can cause mental trauma to the child and can shape their thought process for years to come. It can hamper the normal social growth of the child and lead to several psychosocial problems that may require psychological intervention,” Justice Subramonium Prasad said.

The court held that granting bail to the man accused of raping her own daughter to this extent could defeat the very purpose that was taken into consideration while implementing the POCSO Act. The Act was implemented to protect children from sexual abuse, harassment and exploitation. After counselling and medical examination, the minor told doctors that she had been sexually raped by her father multiple times since February last year.

According to the minor, the man would insert his genitals into her vagina, anus and mouth. The judge rejected the bail plea and ignored the father’s claim that the FIR was filed by the mother due to a marital dispute between them.

“In the opinion of this court, a mother would not endanger the life of her own daughter and make her suffer under investigation and questioning by the magistrates and lawyers in court, just to take revenge on her husband,” the court said.

The court noted that the victim’s position was consistent, but that the inconsistencies and minor details raised by the father’s lawyer will be resolved during the trial. “First and foremost, the well-being of the child, whose mental psyche is vulnerable, impressionable and in a developmental phase, must be taken into account. The long-term effects of childhood sexual abuse are often insurmountable,” the court concluded.