Introduction

On 18th September 2025, the Delhi High Court denied bail to a man accused of raping his 13-year-old daughter. The judgment highlighted the judiciary’s duty to safeguard children’s rights, especially in cases where even parents fail to support them. It reinforced that parental disputes cannot undermine the independent rights of minor survivors of sexual assault.

Background

The case originated from an FIR lodged against the father, accused of sexually assaulting his minor daughter. The accused claimed that the FIR was fabricated by his estranged wife to settle personal disputes. However, credibility was established as the minor herself made the distress call to police. Additionally, the mother was also booked for failing to report the incident under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Key Developments

• The victim personally reported the crime, strengthening the allegations.

• Justice Swarana Kanta Sharma emphasized that courts must ensure children’s voices are heard even when parents are divided.

• The Court clarified that settlements between parents cannot serve as defense in serious crimes like sexual assault.

• The mother’s failure to report was also treated as a violation of legal duties under POCSO.

Issues

• Balancing the presumption of innocence of the accused with the urgent need to protect vulnerable minors.

• The potential misuse of bail to influence or manipulate the survivor and evidence.

• The challenge of ensuring children’s rights are prioritized despite parental disputes.

Current Status

The Delhi High Court rejected the bail plea, citing the seriousness of the allegations and the need to protect the survivor. The Court observed that releasing the accused at this stage could compromise both the investigation and the minor’s safety.

Conclusion

The ruling reinforced the judiciary’s role in upholding child protection, stressing that minors possess independent rights to justice regardless of family disputes. By denying bail, the Court reaffirmed its responsibility to place the dignity and safety of children above all else in cases of sexual assault.