Gujarat: Raped daughter to avenge wife, man denied bail

AHMEDABAD: The Gujarat high court denied bail to a man accused of raping his minor daughter when the court was told that he committed the alleged offence to "avenge his wife's adultery".
This case is from Bharuch district. The man was charged with rape under the Indian Penal Code and offences under the Protection of Children from Sexual Offences Act (Pocso), after his wife lodged an FIR at Ankleshwar Rural police station on April 26, 2022.
She said he was found to be having an illicit relationship with their 12-year-old daughter. The child had complained to her mother that the father had been sexually abusing her for three months. After hearing the case, Justice Nirzar Desai refused to release the accused on bail.
The Gujarat high court denied bail to a man accused of raping his minor daughter the court was told that he committed the alleged offence to "avenge his wife's adultery".
This case is from Bharuch district. The man was charged with rape under the Indian Penal Code and offences under the Protection of Children from Sexual Offences Act (Pocso), after his wife lodged an FIR at Ankleshwar Rural police station on April 26, 2022. She said he was found to be having an illicit relationship with their 12-year-old daughter. The child had complained to her mother that the father had been sexually abusing her for three months.
A year later, when the accused person's bail plea came up for hearing in the high court, his advocate submitted that the husband and wife had not been on good terms and there had been frequent quarrels between them. The husband had a suspicion that the wife had an affair with someone and "this led him to indulge into such things" (sic).
The prosecutor vehemently opposed the bail application, submitting that the only excuse coming from the accused was "absolutely irrational" that he committed such a heinous crime just to get revenge against his wife because they were quarrelling and because he suspected she was having an illicit relationship with someone else.
The prosecutor termed this case 'rarest of the rare' and submitted that if the accused were granted bail, it would be dangerous for other young girls as well. He argued, "It is expected that the father protects her (the daughter) from all adversities but here the person expected to take care of his child acted in such a manner that people will lose faith in the relationship between father and daughter."
After hearing the case, Justice Nirzar Desai refused to release the accused on bail with the observation, "As a father it is his duty to protect the daughter from the outer world but he not only failed in that duty but repeatedly committed rape on his daughter which is not just an offence as per the law but an offence against humanity and morality."
The court accepted the prosecution's submission and said, "...if he is enlarged on bail that will put the life of other children and more particularly young girls in danger".
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)