NAGPUR: The Bombay High Court’s Nagpur bench recently rejected an Amravati Pocso court judgment convicting a 43-year-old man of sexually molesting his daughter for seven years, till she reached fourteen. Justice Govinda Sanap provided a probable motive for the charges, stating that the father opposed his daughter’s marriage to the youngster of her choice, whom she married shortly after her grandma filed the rape case in January 2019.
“It’s true that in normal circumstances, a daughter would not make such an accusation against her father. Similarly, a father would not sexually abuse his daughter. However, given human psychology and tendencies, mistakes can arise, even in the case of the father, who is traditionally regarded as the children’s guardian,” Justice Sanap stated.
While overturning the Pocso court’s February 2021 decision that condemned the father to 10 years in prison and a Rs 5,000 fine, the HC stated that the girl and her boyfriend “were in an intimate relationship,” but her father regarded him an unsuitable match. This quarrel exacerbated her distress, probably driving her to “lodge a false report” against the father, the judge added.
“Apart from her words, there is no additional evidence. Even if the dad was addicted to alcohol, as the daughter alleges, this would not help the prosecution. She has never indicated that her father did not care for their well-being,” HC remarked.
“The father who cared for the survivor in her mother’s absence would not commit such an act with his daughter. He was the family’s sole earner and must have worked hard to support the family. “This is another critical circumstance,” the court stated.
