25 April 2024 Womens Rights / Protection >> Personal Law  

A wife's petition to revoke bail for the man she claims to be her husband, who is accused of sexually assaulting her daughter over two years, was denied by the court due to inconsistencies in the case.

The woman, who left her previous husband and entered into a relationship with the accused (identified as Respondent No. 1 in court documents), alleges the abuse occurred between 2021 and 2023. The daughter, now the victim in the case, reportedly did not disclose the abuse until May 2023. A police complaint was filed two months later.

The accused received bail in December 2023, prompting the wife to petition for its cancellation. However, the court raised concerns about the significant delay in reporting the alleged assaults and the lack of concrete evidence.

Suspicious elements included the missing phone reportedly used to take nude photos of the victim and the wife's own criminal background in chit fund cases. Additionally, the court noted the wife's history of seeking adjournments during trial proceedings.

While the judge acknowledged the Special Court's earlier decision to grant bail lacked detailed reasoning, they found the wife's arguments for revoking it unconvincing at this stage.

The case remains under investigation. The court granted the investigating officer permission to file a new motion to cancel bail if they uncover evidence of witness tampering or manage to trace the source of alleged phone calls made from jail by the accused.

Protection of Children from Sexual Offences Act, 2012