Father Sexually Assaulting Daughter is Most Heinous Crime: HC

The HC's Nagpur bench comprising Justices Urmila Joshi Phalke and Nivedita Mehta, in its July 15 judgment, dismissed the appeal filed by the 43-year-old man challenging his conviction for raping his 12-year-old daughter and impregnating her.

The man in his plea had claimed he was implicated in the case as he used to scold his daughter.

The HC, however, refused to accept this and said the victim has undergone mental trauma and could not disclose the incident to anybody as her own father was involved.

"The trust which a child has for his or her father has itself been betrayed by the accused. The accused who is supposed to be the protector of his child has himself destroyed his daughter's life. He has degraded the very soul of the helpless girl," the HC said.

Rape is not just a physical assault but also destructive to the whole personality of the victim, it added. "The accused, being in a position of trust and dominance over the victim, took undue advantage of the circumstances and committed a heinous crime to fulfil his lust," the court said while dismissing his appeal.

It added that the victim has to lead a life with a scar that would jeopardize her future prospects. The victim had delivered a baby and the DNA test proved that the accused and victim were the biological parents. The case against the man was lodged in April 2021 after the victim complained of stomach pain and it was revealed that she was seven months pregnant. The girl later told the doctors that she was raped by her father.