Father Who Rapes His Daughter Can't Be Shown Any Leniency In POCSO Case: Delhi High Court Upholds Conviction

The Delhi High Court has held that a father who rapes his daughter cannot be shown any relaxation in POCSO cases.

A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain upheld the conviction of a father for repeatedly raping his minor daughter studying in 6th standard in July 2021.

The minor stated that her father had forcibly established physical relations with her when she was sleeping in her house and that she was three months' pregnant on the date when the complaint was registered. Later, the termination of her pregnancy was conducted.

While also refusing to suspend the convict's sentence and dismissing the appeal itself, the Court said:

“A father who is supposed to safeguard the safety and security of his own daughter cannot be shown any relaxation in such cases. The presumption under Section 29 of the POCSO Act applies wholly in the present case.”

The Bench said that the DNA testing, being conclusive and unimpeachable evidence establishing the factum of physical relationship of the father with his minor daughter, left no scope for doubt, and thus, his conviction could not be faulted.

“The social circumstances and the economic status of the family may have compelled the Prosecutrix and her mother to give contradictory statements or to turn hostile. However, in such cases the Court cannot completely ignore the scientific evidence which has come on record,” the Court said.

It held that the provisions of the POCSO Act clearly lead to a deeming conclusion that the father was guilty of the offences charged, which constituted a gruesome offence, considering the relationship between the victim and the convict being that of father and daughter.

Counsel for Appellant: Mr Gautam Khazanchi, Ms. Pooja Deepak. Advs. (DHCLSC)

Counsel for Respondent: Mr. Ritesh Kumar Bahri, APP with Ms. Vibha & Mr. Lalit Luthra, Advs

Title: DRY v. STATE NCT OF DELHI

Click here to read order