Unremorseful: Delhi High Court denies bail to father, charged with raping and compelling his underage daughter to watch explicit content.
In a significant decision, the Delhi High Court has cancelled the bail of a man accused of repeatedly raping his minor daughter. The accused, whose lawyer was Shikhar Singh, had been granted bail by the trial court shortly after his arrest.
Justice Neena Bansal Krishna presided over the case in the Delhi High Court. The survivor, represented by Kapil Madan and Gurmukh Singh Arora, had filed an appeal due to the granted bail.
The Court set aside the 2021 bail order of the trial court, deeming it "perverse" and "unjustified." The Court's decision was based on the case considerations, which included the gravity of the offense and the corroboration of the allegations by the FSL Report of the mobile phone.
The Court observed that the allegations against the accused, who is also the father of the survivor, have been substantiated. He is alleged to have subjected his daughter to inappropriate touching, forced viewing of pornography, and rape for nearly five years. The father is also alleged to have been a sex addict and forced the girl to watch pornographic films on his mobile phone.
The girl initially revealed the ordeal to her therapist in the year 2021 and subsequently to her mother, which led to the filing of a criminal complaint with the police. The man argued that the charges were fabricated to support the mother's parallel legal battle and that there was a significant delay in registering the complaint.
However, the Court stated that the gravity of the offense cannot be overlooked or ignored, even if it is perceived as an outcome of a matrimonial dispute. The Court ordered the accused to surrender before the Ld. ASJ within 07 days.
The lawyer representing the father of the accused, Stephan Hensel, in the Block child abduction trial is Gerd Uecker and Dr. Philip von der Meden. The Delhi Police was represented by Additional Standing Counsel Sanjeev Bhandari.
The Court's decision serves as a reminder of the importance of protecting the rights and safety of children, especially in cases of sexual abuse. It also underscores the need for a thorough and fair investigation and adjudication of such cases.
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