Delhi HC upholds life term to father for raping minor daughter

The Delhi High Court has upheld the life sentence handed down to a man who raped and impregnated his minor daughter, observing that a father who is duty-bound to safeguard the security of his child cannot be shown any relaxation.

A bench of Justices Prathiba M Singh and Madhu Jain refused to give relief to the father in his appeal against his conviction by the trial court in spite of the survivor and her mother turning hostile during the trial.

The bench took into account the result of the foetus’ DNA testing to conclude that the appellant had established a physical relationship with his own daughter, which was a “gruesome offence” considering their relationship.

At the time of the incident, the survivor was 14 years old.

“The social circumstances and the economic status of the family may have compelled the prosecutrix and her mother to give contradictory statements or to turn hostile. However, in such cases, the court cannot completely ignore the scientific evidence which has come on record,” said the bench in its judgment passed on January 15.

“A father who is supposed to safeguard the safety and security of his own daughter cannot be shown any relaxation in such cases. In the opinion of this court, the application seeking suspension of the sentence is completely meritless. In fact, the appeal itself is meritless. The impugned judgement deserves to be confirmed,” the court stated.

The trial court convicted the appellant for offences of rape, aggravated penetrative sexual assault and criminal intimidation under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act in July 2025. He was sentenced to imprisonment for the remainder of his natural life in August 2025 by the trial court.

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The FIR was registered in 2021 when the survivor, three months pregnant at that stage, visited the police station with her mother and informed that her father had forcibly established physical relations with her when she was sleeping.

The pregnancy was subsequently terminated, and the samples of the foetus were sent for testing to the forensic science laboratory.

The prosecution, represented by APP Ritesh Kumar Bahri and advocates Vibha, Lalit Luthra and Divya Yadav, contended that it was an open and shut case.

It was submitted that it was clear from the survivor’s cross-examination that she tried to change her statement to support her mother’s stand to get the father acquitted, as the family had no source of livelihood.