The Rajasthan High Court has upheld the conviction and life sentence of a man found guilty of repeatedly sexually assaulting his 14-year-old daughter. The court dismissed the criminal appeal filed by the accused and affirmed the trial court’s verdict, holding that the victim’s testimony and supporting electronic evidence clearly proved the offence beyond reasonable doubt.
The division bench stressed that crimes of sexual violence within the family, especially by a parent, represent a grave betrayal of trust and require a firm judicial response.
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Background of the Case
The case originated from a complaint lodged on 27 March 2023 at Police Station Desuri in Rajasthan’s Pali district. According to the report, the minor girl had gone missing from her relative’s house where she had been staying for about a month.
Based on the information provided by her cousin, police initially registered an FIR under Section 363 of the Indian Penal Code for kidnapping by an unknown person. During the investigation, however, the allegations took a serious turn.
The police later filed a charge sheet accusing the girl’s father of repeatedly raping her. He was charged under several provisions of the IPC and the Protection of Children from Sexual Offences (POCSO) Act.
In October 2023, the Special Judge (POCSO Court), Pali convicted the accused and sentenced him to life imprisonment for the remainder of his natural life.
Arguments Before the High Court
During the appeal hearing, the defence argued that the trial court had wrongly appreciated the evidence and that the prosecution had failed to prove its case beyond reasonable doubt.
Counsel for the accused also pointed out alleged contradictions in the victim’s statements recorded during investigation and before the court. Another key argument raised was that medical evidence suggested the accused was impotent, making the allegation of rape improbable.
The defence further claimed that the accused had been falsely implicated due to a family dispute related to marriage arrangements for the victim.
However, the Public Prosecutor strongly opposed these submissions and supported the trial court’s findings. He argued that the victim’s testimony was consistent and credible, and that the prosecution had also produced electronic evidence in the form of a video recorded by the victim herself.
Court’s Observations
After reviewing the entire record, the High Court noted that the victim’s statement clearly described how her father had repeatedly sexually assaulted her over a long period.
The judges also examined the electronic evidence - a video recorded by the victim - which had been transferred to a pen drive during the investigation. The court observed that the video was supported by a certificate under Section 65B of the Evidence Act and therefore was legally admissible.
The bench further pointed out that the victim had not been effectively cross-examined on crucial aspects of her testimony, including the recording of the video.
“The sworn testimony of the victim regarding the sexual assault is credible and inspires confidence. No material contradiction has been brought on record to discredit her version,” the court observed.
The judges also rejected the defence claim about the accused’s alleged impotence, noting that the video evidence contradicted this argument.
Court on Delay in Reporting
The High Court said that the delay in reporting the offence was natural in the circumstances of the case.
The victim had been living alone with her father after her mother remarried and moved to Mumbai. As a minor dependent on him for shelter and survival, she would naturally hesitate to disclose such incidents.
The court remarked that it is extremely difficult for a young girl to accuse her own father unless the incident had actually occurred.
“The courage shown by the victim in recording the video of the incident further strengthens her credibility,” the bench noted.
Decision of the Court
After examining the oral testimony, documentary material and electronic evidence, the High Court concluded that the prosecution had proved the charges beyond reasonable doubt.
The bench held that the accused, being the victim’s father, had a moral and legal duty to protect her but instead repeatedly violated her dignity and bodily integrity.
Finding no error in the trial court’s judgment, the court upheld the conviction and sentence awarded in 2023. The criminal appeal and the application seeking suspension of sentence were both dismissed.
The High Court also directed the State of Rajasthan to pay ₹7 lakh as compensation to the victim under the National Legal Services Authority’s scheme for survivors of sexual assault.
Case Title: B v State of Rajasthan
Case No.: D.B. Criminal Appeal No. 262/2023 & Suspension of Sentence Application No. 2147/2025
Decision Date: 24 February 2026
