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Bombay High Court acquits a father convicted of raping his daughter by trial court; father was accused because he was opposing her relationship with a boy

Examining the evidence on record, Justice Sanap observed that the victim implicated her father in a false case because he was opposing her marriage with the boy of her own choice with whom she had intimacy.

The Nagpur bench of the Bombay High Court recently acquitted a middle-aged man who was convicted of raping his minor daughter by the trial court. In a judgment given on December 5, 2024, a bench of Justice G A Sanap acquitted the father citing lack of evidence.

Justice Sanap noted that in ordinary circumstances, a daughter would not level such an allegation and a father would not sexually assault his daughter. “It is true that in ordinary circumstances, a daughter would not level such an allegation against her own father. Similarly, in ordinary circumstances, the father would not also sexually assault his own daughter. However, considering human psychology and tendency, mistakes can occur, even in the case of the father, who is the ordinary saviour of the children,’ Justice Sanap observed.

The bench was hearing an appeal by the father challenging his conviction, dated February 23, 2021, in the sexual assault case by a special court. He was granted 10 years of imprisonment along with a Rs. 5000 fine by the special court under the provisions of the Indian Penal Code and the Prevention of Children from Sexual Offences Act (POCSO).

The father looked after the alleged victim and her brother

The Judge noted that the complaint was filed 7 years after his wife left the appellant. He further observed that the appellant had not remarried ever since his wife left him and had been taking care of his two children, including the victim. The judge also took notice of the fact that the victim confided in her maternal grandmother about the alleged sexual assault and not in her paternal grandmother with whom she had been residing for years.

“It is not a case of the victim that she was not close to her paternal grandmother. The victim girl did not disclose any incident to her paternal grandmother and her younger brother. The appellant looked after the well-being of the victim and her younger brother. He did not perform the marriage even after desertion by the first wife. As compared to a paternal grandmother who was residing with the victim, the maternal grandmother, was more trusted by the victim girl, ” the judge noted. The victim had testified that her mother had left her, and her father, an alcoholic, started abusing her when she was in Class 3 and that she disclosed this to her maternal grandmother and not to her paternal grandmother with whom she had been residing.

No evidence except the ‘bare words’ of the victim

Citing a lack of evidence, except for the victim’s testimony, Justice Sanap noted that the appellant has been shouldering his family’s responsibility from age 25. “Even if it is assumed that the father was addicted to liquor, it would not weigh in favour of the prosecution. The victim has nowhere stated that the appellant did not look after their well-being and maintain them. He looked after the victim in the absence of her mother, would not have committed such an act with her. When the wife of the appellant left him, he was hardly 25 years of age. On the date of lodging the report, he was 35 years of age. He single-handedly looked after the well-being of the children and his old-aged mother. He was the only earning member of the family and must have toiled hard to earn and sustain the family. This is another vital circumstance, ” the judge noted

Father was opposing the victim’s marriage with a boy of her choice

Examining the evidence on record, Justice Sanap observed that the victim implicated her father in a false case because he was opposing her marriage with the boy of her own choice with whom she had intimacy.

“The appellant, being a caring father, did not accept the proposal of marriage of the boy with his daughter. In my view, it seems to be the cause for the prosecution against the appellant. It shows that the victim and the boy had intimacy. In my view, the strong opposition to the marriage by the appellant seems to be the cause of his misery. It seems that his approach was proper. He was not wrong when he suggested that the boy was not the proper match for the victim. The appellant being guardian of the victim, was the proper person to find a suitable match for his daughter. The victim-daughter had ideas and plans in her mind, “the judge said while acquitting the appellant.

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