Delhi HC denies bail to father accused of sexually assaulting daughter

The Delhi High Court has refused bail to a man accused of repeatedly sexually assaulting his own daughter for ten years. The 17-year-old survivor, who was diagnosed with dissociative identity disorder and post-traumatic stress disorder, alleged that the assault began when she was about 6.  

She approached the police in January after an incident, which led to an FIR under the Protection of Children from Sexual Offences Act.Justice Swarana Kanta Sharma rejected the father’s contention that the minor’s claims were unreliable on account of her psychological condition, saying that such a condition was associated with prolonged trauma and there was no reason to 
disbelieve her.  

“Prima facie, therefore, this (the diagnosis) cannot be treated as a ground to discredit the allegations; rather, it may provide some context to the victim’s version,” the court stated in its judgement on May 5. The court observed that the father allegedly threatened the girl not to disclose the assaults and therefore, her “silence” over a prolonged period cannot be termed unnatural or treated as a circumstance to doubt her version at this stage. “In this court’s view, the same appears to be a consequence of fear, psychological trauma, and her vulnerability as a minor, particularly when the allegations are against her own father, who was in a position of dominance and control,” the court said.  

Considering the seriousness of the allegations, the relationship between the parties and the possibility of the accused influencing or intimidating the victim or other witnesses, the court opined that it was not inclined to grant him bail at this stage.Seeking bail, the accused, on the other hand, claimed that he was innocent and had been falsely implicated due to strained matrimonial relations and long-standing disputes between him and the victim’s mother. The court refused to accept accused’s defence of 
matrimonial discord.  

It said the minor’s allegations disclose a continuing course of conduct over the years, and not merely a single incident. “At this stage, there is no reason to prima facie disbelieve her version, and it cannot be rejected merely for want of independent corroboration or on account of prior family disputes,” it observed. “The bail application is, therefore, dismissed,” the court concluded.