A single bench of the Gujarat High Court led by Justice Samir J. Dave denied bail to a man accused of repeatedly physically molesting his 12-year-old daughter. The accused-father allegedly desired to marry the victim's daughter and threatened to kill the entire family if the victim's mother revealed the incidents of molestation to anyone.

The bench further stated that: “A daughter looks up to her father to protect her from outside evils; as a shield of her dignity, and when the same protector rips her apart, the trauma one suffers as a consequence cannot even be described…the beastly act of ravishing a child for exerting his position of male dominance and violating her physical and mental well-being is attitude of a savage tribe and not of a civilized society.” “It shocks human conscience when the sanctity of father-daughter relationship is ravaged in such a sordid manner when the protector becomes the violator. In such a case the offence assumes a greater degree of vulnerability which shall not go unpunished. It is the gravest sin, where the most platonic relationship is shattered by an extreme pervert and shameful act of nonetheless but one's own father”

Justice Dave then quoted Sanskrit shlokas from Manusmuruti and Padma Pauran, emphasising the value a father places on his daughter. Thus, Justice Dave cited - 'जनकश्चोपनेता च यक्ष पिद्यां प्रयच्छति। अन्नदाता भयत्राता, पश्चैते पितरः स्मृताः।।' meaning 'one who gives birth, one who initiates, one who imparts knowledge, one who provides food, and one who protects from fear,' and 'पिता धर्मः पिता स्वर्गः पिता हि परमम् तपः।' 'My father is my dharma, my father is my heaven, and he is the ultimate penance of my life,' it means.

According to the complaint, the accused grabbed his daughter's hand, drove her into the house, inappropriately moved his hand on her chest, and physically molested her.

He allegedly tied her hands with a rope, blocked her mouth, removed her frock, and moved his hands inappropriately over her chest almost a month prior to this incident.

The accused-father filed a bail plea under Section 439 of the CrPC in a FIR registered for offences punishable under Sections 354(A), 354(B), and 506(2) of the IPC r/w Sections 8, 12, and 18 of the POCSO Act, which brought the case to the High Court.

Case Title: Fakirmamad Hushenbhai Sumbhaniya v. State of Gujarat
Citation: R/Criminal Misc. Application No. 22951 of 2022