'Consequence of Fear': Why Delhi High Court Refused To Doubt S*xual Assault Survivor's 10-Year Silence
The Delhi High Court denied bail to a man accused of sexually assaulting his daughter for ten years, starting when she was six. The court rejected defense arguments trying to discredit the 17-year-old survivor due to her DID and PTSD diagnoses, ruling that her trauma and prolonged silence stem from fear and parental dominance.
The Delhi High Court has denied bail to a man accused of repeatedly s*xually assaulting his daughter over a ten-year period, stating that the minor's psychological condition cannot be used to discredit her allegations. The 17-year-old survivor, who has been diagnosed with dissociative identity disorder (DID) and post-traumatic stress disorder (PTSD), alleged that the abuse began when she was approximately six years old. She approached law enforcement following an incident in January, leading to a First Information Report (FIR) under the Protection of Children from S*xual Offences (POCSO) Act.
Court Rejects Defence Claims on Mental Health
In a ruling delivered by Justice Swarana Kanta Sharma, the court rejected the father's contention that the minor's claims were unreliable due to her psychiatric diagnoses. The court noted that her mental health conditions are heavily associated with prolonged trauma and should not be weaponised against her credibility. IAF Viral Video Soldier Dismissal: Delhi High Court Upholds Ouster of Airman Sachin Kumar Solanki Over Disparity Claims.
"Prima facie, therefore, this (the diagnosis) cannot be treated as a ground to discredit the allegations; rather, it may provide some context to the victim's version," the court stated in its judgment. The defence argued for bail by claiming innocence, alleging that the father had been falsely implicated as a result of strained matrimonial relations and long-standing disputes with the victim's mother. However, the court refused to accept matrimonial discord as a valid defence at this stage, noting that the minor's allegations outline a continuous, long-term course of conduct rather than an isolated incident.
Silence Attributed to Trauma and Fear
Addressing the defence's point regarding the delay in reporting the crimes, the court observed that the father had allegedly threatened the girl to prevent her from disclosing the abuse. Justice Sharma clarified that a victim's prolonged silence under such circumstances is not a valid reason to doubt her testimony. "In this court's view, the same appears to be a consequence of fear, psychological trauma, and her vulnerability as a minor, particularly when the allegations are against her own father, who was in a position of dominance and control," the court said. Does Saying 'Maro Sale Ko' During a Fight Show Intent To Kill? Delhi High Court Answers.
Risk of Witness Intimidation
The High Court emphasised that because the allegations are severe and involve a parent who held significant authority over the victim, the risk of the accused influencing or intimidating the minor or other witnesses remains high. "At this stage, there is no reason to prima facie disbelieve her version, and it cannot be rejected merely for want of independent corroboration or on account of prior family disputes," the court observed, concluding that "the bail application is, therefore, dismissed."
Women and Child Helpline Numbers:
Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.
(The above story first appeared on LatestLY on Jun 26, 2026 06:28 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
