Man accused of sexually assaulting daughter granted bail by Delhi HC amid matrimonial dispute

The court pointed out the potential for the complainant to have influenced the minor girl's testimony due to her custody, thus casting doubt on the accused's involvement.

New Delhi: The Delhi High Court has granted bail to a man accused of sexually assaulting his daughter.

The court, however, took into consideration the ongoing matrimonial dispute between the girl’s parents and raised concerns about the possibility of false implication.

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Justice Vikas Mahajan, presiding over the case, observed that the girl had been residing with her mother for over four years. He also noted a significant delay in the registration of the First Information Report (FIR).

The court noted that multiple cross FIRs had been filed by both the mother and father, with no mention of the alleged incidents of sexual assault in the earlier complaints.

While acknowledging the seriousness of the allegations, the court said that it could not ignore the context of the matrimonial dispute.

The court pointed out the potential for the complainant to have influenced the minor girl’s testimony due to her custody, thus casting doubt on the accused’s involvement.

The petitioner, the father in this case, had claimed marital discord with his wife and had said that their daughter, aged around 15, was living with her mother, while their minor son, aged 10, was in his custody.

He alleged that his wife was living with a police officer who was aiding her in filing baseless complaints against him.

The petitioner was sent to judicial custody after he was arrested on February 21. The court noted that the alleged incidents had occurred between 2019 and 2022, yet the complaint was only lodged in 2023, indicating a substantial delay in filing the FIR.

While stressing the purpose of custody as ensuring the accused’s availability for trial rather than being punitive, the court said that the conclusion of the trial might take a considerable amount of time.

Hence, the court granted bail to the petitioner under certain conditions, including a personal bond and the requirement not to contact the alleged victim or witnesses.