The Bombay High Court’s Nagpur bench has upheld the life imprisonment sentence of a Chandrapur man convicted of sexually assaulting his 12-year-old daughter, calling the crime one of the “most shocking and heinous” offences that represents a grave betrayal of a child’s trust.
A division bench of Justices Urmila Joshi Phalke and Nivedita Mehta dismissed the convict’s appeal and confirmed the Sessions Court’s verdict under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and relevant provisions of the Indian Penal Code.
The case came to light in April 2021 after an ASHA worker noticed signs of pregnancy during a village survey. Medical examination revealed that the girl was 27 weeks pregnant. She later gave birth, and a DNA test confirmed that the accused was the biological father of the newborn.
The court observed that the survivor’s initial silence was understandable as she had lost her mother and was dependent on her father, making it difficult for her to identify him as the perpetrator.
The bench stressed that survivors of sexual violence, especially children, require sensitivity and support, and said every child has a right to live free from fear and harm, even within their own family.
Court Calls Crime A Betrayal Of Trust
While dismissing the appeal, the High Court highlighted that the offence involved not only sexual violence but also a deep violation of the relationship of trust between a parent and child. The court observed that a father is expected to be a protector, but in this case, the accused allegedly used his position of authority and dependence to exploit his own daughter.
“Rape is not merely a physical assault, but it is often destructive to the whole personality of the survivor,” the bench said, adding that allegations of sexual violence must be dealt with “utmost sensitivity”. The judges noted that the survivor faced severe mental trauma after the assault and that the impact of such crimes extends beyond physical injury.
According to the court, the accused violated the child’s privacy, dignity and personal integrity, causing long-term psychological harm. The bench further stated that the evidence showed how the trust a child naturally places in a parent was “betrayed” by the accused.
“The accused, who was a protector, has ruined the physical as well as mental state of mind of his own daughter, and destroyed her future,” the court observed. The High Court also reaffirmed that children have a fundamental and human right to safety, dignity and protection from violence, including within their own homes.
How The Case Came To Light
The incident came to public attention after an ASHA worker filed a police complaint on April 15, 2021. During a village survey, the health worker noticed the minor girl and suspected that she could be pregnant. The following day, the ASHA worker took the girl to a primary health centre and later to a general hospital, where doctors confirmed that she was around 27 weeks pregnant.
However, when questioned, the survivor did not immediately disclose who had assaulted her. During the investigation, authorities discovered that the accused was her own father. The High Court said her inability to reveal the perpetrator’s identity immediately could not be treated as a weakness in the case. Instead, the judges recognised the difficult circumstances surrounding the survivor.
The court noted that the girl had lost her mother and was dependent on her father for care and support. Given her age, emotional vulnerability and relationship with the accused, the bench said her silence was “justified and natural”.
The survivor later gave birth to a child, following which investigators conducted a DNA examination. The report established a biological link between the accused and the newborn, becoming a crucial piece of evidence in the case.
The prosecution relied on the DNA report, medical findings and surrounding circumstances to establish the chain of evidence against the accused.
Trial Court Conviction Confirmed By HC
The Chandrapur Sessions Court had earlier convicted the accused for aggravated penetrative sexual assault under the POCSO Act and other related offences, awarding him life imprisonment.
The accused challenged the conviction before the Bombay High Court, arguing against the trial court’s decision. However, after examining the evidence, the division bench found no reason to interfere with the judgement.
The High Court held that the DNA evidence, medical records and other circumstances collectively established the accused’s guilt beyond reasonable doubt.
The court also highlighted the responsibility of institutions and society in protecting children from abuse and ensuring that survivors are treated with compassion rather than suspicion.
Cases involving sexual offences against children often involve complex emotional and social challenges, particularly when the accused is a family member. The court’s observations underline the importance of creating safe spaces where children can report abuse without fear or pressure.
The judgement also reinforces the role of the POCSO Act in addressing crimes against children and ensuring accountability for those who misuse positions of trust.
The Logical Indian’s Perspective
The Bombay High Court’s judgement is a reminder that the safety and dignity of children must remain a collective responsibility of families, communities and institutions. A child’s home should be the safest place, built on care, trust and protection. When that trust is violated by someone entrusted with their safety, the consequences can leave lifelong scars.
Beyond legal punishment, society must focus on prevention, awareness and creating environments where children feel empowered to speak about abuse without fear of shame, blame or disbelief. Families, schools, communities and authorities must work together to recognise warning signs, support survivors and ensure that children’s voices are heard.
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