A special court designated under the Protection of Children from Sexual Offences (POCSO) Act has rejected the bail plea made by a man accused of sexually assaulting his 16-year-old daughter over a five-year period.
The man had approached court for bail stating that his wife who had registered the complaint wants to withdraw it as she is convinced that the allegations made by their daughter were false. The mother and daughter appeared before the court too. The advocate for the man told the court that the mother of the child were residing at the village and the girl was staying with her father and she had made a false allegation as he had objected to her going out.
The prosecution had objected to grant of bail to him pointing that the offences the man was charged for - rape, offences under the POCSO Act and criminal intimidation were not such that the complainant can drop the charges after entering into a compromise or settlement.
The court noted that indeed as the prosecution pointed out, the offences were not compoundable and that a perusal of the medical reports of the victim supports the contention of rape on her. Pointing that the offence of rape on a minor is an offence against the state and society, it rejected the submissions made by the man’s advocate. It said that it is not a ground to grant bail in heinous offences.
