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Journalism of Courage
This is an archive article published on January 6, 2023
Gujarat HC denies bail to man accused of molesting minor daughter
In the judgment passed last month, Justice Samir Dave also cited verses from the Manusmriti and Padma Purana to underline the importance of parents in a person’s life.
A woman from Devbhumi Dwarka district approached police in January 2022 alleging that her husband had molested their 12-year-old daughter twice. (Representational/File)
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Gujarat HC denies bail to man accused of molesting minor daughter
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Denying bail to a man accused of molesting his minor daughter, the Gujarat High Court has observed that rape and molestation are a “dark reality” of Indian society.
In the judgment passed last month, Justice Samir Dave also cited verses from the Manusmriti and Padma Purana to underline the importance of parents in a person’s life.
“Rape or molestation is one such dark reality in the Indian society that devastates a woman’s soul, shatters her self-respect and for a few, purges their hope to live. It shakes the insight of a woman or girl who once was a happy person,” said Justice Dave in his order on December 16. The judgment copy became available on January 4.
A woman from Devbhumi Dwarka district approached police in January 2022 alleging that her husband had molested their 12-year-old daughter twice.
A First Information Report was registered under Indian Penal Code sections 354(a) and 354(b) which deal with molestation, and relevant sections of the Protection of Children from Sexual Offences Act. The man was subsequently arrested.
The state opposed the bail plea saying the accused had committed a “very serious crime” and might commit a repeat offence. Citing police investigation, the high court noted that the accused had not only molested his daughter but also expressed desire to marry her when confronted by his wife.
“A daughter looks to her father to protect her from outside evils and when the very same protector rips her apart, the trauma one suffers as a consequence of such an act cannot even be described…,” Justice Dave said.
© The Indian Express Pvt Ltd
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