Introduction
The case is about the person who’s supposed to shield you from the horrors of the world but turning into a worst nightmare for all. The High Court of Delhi decides to cancel the bail of a father accused of raping his minor daughter over six years and forcing her to watch pornography. The case is rooted with the cruelty and the depths of depravity possible even in the most sacred relationship of father and daughter. In such cases public outrage grows over easily and the verdict demands attention from the policymaker.
Background
The allegation paints a grim picture as when the victim is at the age of 10, she has endured years of sexual abuse, including inappropriate touching, forced exposure to explicit videos and repeated raped by her father. The trauma came to light in 2021 when the survivor confined with her therapist who facilitated her disclosure to her mother, triggering a police complaint. The accused is charge under the section of IPC (Indian Penal Code) for rape and sexual assault alongside with provisions of the POCSO Act, later the Forensic Science Laboratory (FSL) confirmed about the obscene videos on the father’s phone that directly supports the victims claim. The defence surged in the court that the evidence presented in the court is fabricated and tied with the matrimonial dispute between the parents. However, the court dismissed the claims of the defence.
Court Ruling
The trial court’s decision to grant bail to the accused just after nine days of his arrest in 2021 sparked outrage, prompting the survivor’s appeal. Justice Neena Bansal Krishna stated the original order as unjustified citing its failure to account for the ongoing investigation, the survivor’s trauma and corroborative forensic evidence and nullified the bail and ordered the accused to surrender with the 7 days and cancelling his surety bonds. The verdict reinforce that hasty bail grants in serious child abuse cases undermine public trust and victims’ safety.
Conclusion
The Delhi High Court ruling in this case is a powerful affirmation of justice for survivors of child sexual abuse, particularly when the perpetrator is a parent. By overturning the order of the bail, the High Court of Delhi has prioritized the survivors voice and safety and sending the clear message to that no one is above the accountability as the India grapples with the rising child abuse cases no offender will be left by the action of court and serving justice to the victims of the abuse.
About the Author
Tushar Kumar is a final-year BBA-LLB student at Guru Gobind Singh Indraprastha University. With a strong interest in Intellectual Property Rights, he enjoys exploring how law interacts with innovation and creativity. He’s equally passionate about legal writing, Research and believes in making complex legal ideas easier to understand through clear articles. Tushar continues to deepen his understanding of the law while contributing thoughtful pieces on contemporary legal issues.