Delhi High Court Denies Bail To Man Accused Of Raping 6-Yr-Old Daughter, Says Long Term Effects Of Child Sexual Abuse Insurmountable

The Delhi High Court has denied bail to a man accused of raping his 6-year-old daughter in August last year, underscoring that the long-term effects of childhood sexual abuse are, at many times, insurmountable.

“An act of sexual assault or sexual harassment, therefore, has the potential to cause mental trauma to the child and may dictate their thought process for the years to come. It may hinder the normal social growth of the child and lead to various psychosocial problems which could require psychological intervention,” Justice Subramonium Prasad said.

The court observed that granting bail to the man, who is accused of committing rape on her own daughter, at this stage, may lead to defeating the purpose of the objective which was kept in mind while enacting the POCSO Act.

The FIR was lodged on the mother's complaint. Upon counselling and medical examination, the minor told the doctors that she was sexually assaulted by her father on multiple occasions since February last year.

As per the minor, the man used to put his private part in the vagina, anus and mouth of the minor.

Dismissing the bail plea, the court rejected the father's argument that the FIR was lodged by the mother because of matrimonial discord between them.

“In the opinion of this Court, a mother would not put the life of her own daughter to jeopardy and make her suffer an investigation and questioned by the Magistrates and Lawyers in Court, only to get even with her husband,” the court said.

Noting that the stand of the victim was consistent, the court observed that the inconsistencies and minute details pointed out by the father's counsel would be a matter of trial.

“Paramount consideration is to be given to the well-being of the child whose mental psyche is vulnerable, impressionable and is in a developing stage. The long-term effects of childhood sexual abuse are, at many times, insurmountable,” the court concluded.

Title: SABIB v. THE STATE GOVT OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 989

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