Bombay High Court has refused to grant a Bail to a man charged for sexually abuse and rape of his 16 year old daughter. The Bail application was filed by the accused Devender Singh which was rejected by the Justice AM Badar.
The accused was charged under sections 354A, 376(2) (f) and (i), 506, 509 of Indian Penal Code and Sections 6, 10 and 12 of Protection of Children from Sexual Offences Act.
The lawyer representing the accused has stated that there is nothing said by the victim to show that the rape has been committed by the accused and the FIR has also been registered on the intervention of NGO. He further submitted that the FIR is written in Marathi, a language which victim herself don't understand.
However, the Additional Public Prosecutor appearing on behalf of the victim referred to the statements of other witness in this case such as of tutor, teacher and headmaster of girl. As per these statements the victim has told them that she was first raped by her father when she was in class 7th and has been constantly abused by her father since then but she because of the fear of her parents has not disclosed the same to anyone. It was further stated by him that the victim has also confronted her father after disclosing the act of the father to the witnesses and in furtherance of same the FIR was lodged.
Even though there was a slight U-turn taken by the victim from her initial statement but the court observed that she might have done that to protect her father.
The Court held that there is no case of granting bail to the accused and thus the application filed for bail of accused is rejected.
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