Bombay High Court acquits man accused of raping minor daughter for lack of evidence

The Bombay High Court's Nagpur bench recently acquitted a man accused of raping his minor daughter, for lack of evidence other than the victim's testimony. [Surendra Bobde v. State of Maharashtra].Justice G A Sanap passed the order on December 5, 2024, but it was made available only recently."It is true that in ordinary circumstances, a daughter would not level such an allegation against her own father. Similarly, in the ordinary circumstances, the father would also not sexually assault his own daughter. However, considering human psychology and tendency, mistakes can occur, even in the case of the father, who is an ordinary saviour of children," stated Justice Sanap. He further noted that "except the bare words of the victim, there is no other evidence" to substantiate the allegations..The case involved allegations made by a 14-year-old girl against her father. The abuse reportedly began when she was in the third grade and continued for several years until she disclosed it to her maternal grandmother. The girl claimed that she was beaten by her father when he attempted to take her back home from her grandmother's residence.In February 2021, the trial court convicted the man of rape under the Indian Penal Code (IPC), as well as under Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act (POCSO Act).He was sentenced to rigorous imprisonment for ten years and ordered to pay a fine of ₹5,000. The man later approached the High Court in appeal..The man's counsel contended that their client had been falsely implicated due to familial tensions surrounding his daughter's desire to marry a boy against the father's wishes.They highlighted that the father had taken on full responsibility for raising his children after their mother had left them seven years before.The Court noted his role as caretaker, and said that the fact that the man had single-handedly taken care of the family should be taken into consideration while hearing the appeal."The father who looked after the victim in the absence of her mother, would not commit such an act with his daughter. When the wife of the appellant left him, he was hardly 25 years of age. On the date of lodging the report, he was 35 years of age. He did not perform second marriage. The appellant single-handedly looked after the well- being of the children and his old aged mother. The appellant was the only earning member of the family. The appellant must have toiled hard to earn and sustain the family. This is another vital circumstance...".Justice Sanap also addressed familial dynamics surrounding marriage that could have led to filing this case, especially the daughter's relationship with a young boy whom she ultimately married. "In my view, the strong opposition to the marriage by the appellant, seems to be the cause of his misery. It seems that his approach was proper. He was not wrong when he suggested that the boy was not the proper match for the victim. The appellant being guardian of the victim, was the proper person to find a suitable match for his daughter. The victim-daughter had another ideas and plans in her mind. The daughter was under the control of maternal grandmother."Ultimately, citing insufficient evidence and substantial doubt regarding both the credibility and motive behind the allegations made against the father, the Court quashed his conviction and sentence..Advocate A D Tote appeared for the appellant.Additional Public Prosecutor Soniya Thakur for the State..[Read Order]