By Jeevak Mukherjee

A man had been held guilty by the Delhi High Court for committing the offence of aggravated penetrative sexual assault with his own 10-years-old daughter for a span of two years. The Division Bench concluded that the man who now is being referred to as PDD was guilty under section 6 of the Protection of Children from Sexual Offences Act (POCSO Act) as well as Section 506 (Criminal Intimidation) and Section 323 (Voluntarily Causing Hurt) under the Indian Penal Code (IPC).

The Bench had set aside the trial court order acquitting the man. The court had observed that the survivor must had been under the impression that she would find ‘moastery’ in the lap of her father not realising he was wolf dressed as a sheep.

“We are, thus, of the firm view that learned Trial Court has misread and misinterpreted the evidence and the analysis of the evidence is based on conjectured inferences, necessitating us to interfere with such order of acquittal. Therefore, in view of apparent compelling reason that the finding recorded in order of acquittal is contrary to the evidence, we have no hesitation in reversing the same,” the Court observed, thereby convicting the man.

The Delhi High Court convicted a man for sexually assaulting his 12-year-old daughter. The case involved appeals filed by both the Delhi Police and the victim after the man was acquitted by the trial court. The incident occurred in January 2013. The girl approached the police revealing that her father had been sexually assaulting her for two years. She also reported that her father had been physically abusive towards her mother and brother.

The man was charged under various sections including POCSO Act for the sexual assault, Section 506 of IPC for threatening the victim, and Section 323 of IPC for beating his wife and son.

The High Court overturned the trial court’s decision. The High Court judges criticized the trial court for being swayed by the delay in reporting the crime and giving undue weight to minor inconsistencies in the victim’s testimony. The High Court found the victim’s testimony to be credible and corroborated by the statements of other witnesses.

The Court rejected the defense argument that the case was fabricated due to marital problems between the man and his wife. The Court highlighted the vulnerability of the child and the trauma she must have endured.

Case title: State vs PDD

Citation: CRL.A 295/2021

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