HC denies bail to man accused of sexually assaulting minor daughter

New Delhi: The Delhi High Court has refused to grant bail to a man accused of sexually assaulting his eight-year-old daughter. Justice Subramonium Prasad, while dismissing the bail application, said the accused has allegedly “committed a very heinous offence on her own daughter” and granting him relief would defeat the very objective of the Protection of Children from Sexual Offences (POCSO) Act, which is to protect the children from sexual assault, harassment and exploitation. The judge also rejected the accused’s claim that his wife made a false complaint against him on account of matrimonial discord, observing that a mother would not put the life of her own daughter in jeopardy and make her suffer an investigation and legal proceedings only to get even with her husband.

The court said an act of sexual assault can cause mental trauma to children and may dictate their thought process for the years to come, hindering their normal social growth and leading to problems which could require psychological intervention. “Paramount consideration is to be given to the wellbeing 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,” said the court in a recent order.

The court noted that the acts alleged against the petitioner came within the definition of aggravated penetrative sexual assault under the POCSO Act, which is punishable with rigorous imprisonment for a term of at least 20 years or even death penalty.