'Debauched Acts Destroyed Sanctity Of Father-Daughter Relation': MP High Court Denies Bail To Man Accused Of Raping 12 Y/O Daughter

The Madhya Pradesh High Court (Indore Bench) recently denied bail to a man accused of raping his 12-year-old daughter.

"Trust and faith that a young girl would repose in her father and the sanctity of the very relationships were destroyed by debauched and devastating acts. It is a very unfortunate that in the instant case prosecutrix is a minor and innocent girl of 12 years of age and she was raped by her own father, which is a very heinous, inhumane and shameful act," a bench of Justice Anil Verma observed while refusing bail to the accused.

Accused-Devraj Dangi, a farmer by profession, was booked earlier this year for the alleged commission of offence punishable under Sections 376(2)(n), 376(3), 376(1), 376(2)(f), 506 and 376(AB) of IPC and section 6 of POCSO Act. He was arrested in March.

According to the prosecution's case, the victim, who is the daughter of the accused, filed the FIR against her father alleging that two years prior, her father had forcibly undressed and raped her and again, on March 3, 2023, around 2:30 AM, he allegedly attempted to repeat the same act. The victim later disclosed the entire incident to her aunt, leading to the registration of a case against the accused.

Seeking bail in the case, the applicant-accused moved to the High Court wherein his counsel asserted that he was falsely implicated in the case as in her cross-examination, the victim did not support the prosecution's narrative and turned hostile.

It was also contended that the investigation in the case has concluded and a charge sheet has been filed and hence, his further incarceration was unwarranted. 

Analysing the facts of the case and examining the evidence on record, the Court noted that the prosecutrix had been examined before the trial Court and in her deposition, she had categorically stated against the present applicant regarding some obscene act done by him including oral sex, outraging her modesty and commission of rape. The Court noted that the victim also alleged that the accused intimidated her into non-disclosure of said act.

Importantly, the Court observed that even though, later on, the victim did not support the case of the prosecution in her cross-examination, however, the fact remained that her cross-examination was conducted after 10 days of examination-in-chief, in which anyhow she had been win-over or influenced by her father/applicant and other family members.

"Although the statement of the prosecutrix is well supported by the MLC and as per MLC report, redness and swelling was found over the Labia Minora and Clitoris. Redness has also been found all over her private parts. In the query report, concerned Doctor clearly opined that hymen was found torn and swelled due to the extreme pressure of penis of someone," the Court further observed that while taking into account the medical report of the victim.

Against this backdrop and given the "barbaric sexual assault and severity of the crime", without commenting on the merits of the case, the Court refused to grant him bail.

Case title - Devraj Dangi vs. State of Madhya Pradesh

Case Citation:

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