"Possible That Daughter Implicated Father In False Rape Case Due To Matrimonial Dispute Between Parents": Bombay High Court Grants Bail To Man

The Bombay High Court on Tuesday (October 15) while granting bail to a man, booked for allegedly sexually assaulting his own minor daughter, observed that there is every possibility of the daughter implicating her father in a false case at the behest of her mother, since the parents have locked horns in a separate matrimonial dispute.

Single-judge Justice Manish Pitale noted the pending matrimonial dispute between the applicant and his wife, which the judge said assumed significance.

"The matrimonial dispute between the applicant and the mother of the victim assumes significance. In this context, when the document styled as Deed of Divorce by Mutual Consent is perused, it is found that the applicant was required to take care of the financial needs of the victim, her sister and their mother," the judge noted in the order.

Even before this Court, Justice Pitale noted that the counsel appearing for the victim made submissions to the effect that the applicant had not abided by the obligations cast upon him under the said Deed of Divorce by Mutual Consent.

"This further indicates that there could be a possibility of involving the applicant in the present case in the backdrop of serious disputes between the victim's mother and the applicant. A prima facie case is made out by the applicant in his favour. He has already suffered incarceration for about 1 year. The charges are yet to be framed, despite the fact that the charge-sheet was filed as far back as on December 4, 2023. This Court is, thus. inclined to allow the present application," the court said while granting bail to the applicant.

Background:

As per the prosecution's case, the parents of the victim were living separately. The victim had joined her father's company in the month of October 2023. On October 13, 2023, when she dropped her younger sister to school and returned home, her father allegedly sexually assaulted her. A case was lodged against the applicant on October 25, 2023 and he was immediately arrested and since then has been in jail. 

The bench noted that the girl lodged the plaint against her father after a delay of nearly 11 days and that too only after she met her mother. The judge further noted that though in her initial statements, the victim stated that she was abused only on October 13, but in her medical history, she pointed out multiple instances when her father abused her.

Further, the judge noted that the girl claimed that her father sexually abused her even during the Covid19 lock down period and thereafter she started living with her mother. However, the court doubted the same statement, questioning as to why she again joined the father's company despite being abused earlier.

"There is substance in the contention raised on behalf of the applicant that if it was true that even two years prior to the incident of October 13, 2023, the applicant had forcible physical relations with the victim, in the natural course of human behaviour, the victim would not have joined the company of the applicant. The reason stated by the victim that she came to her father because she had some difference of opinion with her mother, also does not prima facie fit into the natural course of human conduct. Equally, the mother of the victim would have ensured that the victim does not join the company of her father i.e. the applicant, despite being aware of forcible physical relations established by the applicant two years prior to the October 13, 2023 incident," the bench opined.

With these observations, the bench granted bail to the applicant. 

Appearance

Advocates Mohammed Zain Khan and Ashraf Kapoor instructed by One Legal appeared for the Applicant.

Additional Public Prosecutor Mayur Sonavane represented the State.

Advocate Sonia Miskin represented the Victim. 

Case Title: X vs State of Maharashtra (Bail Application 1649 of 2024)

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