‘Silence due to fear’: Calcutta High Court upholds father’s life term for daughter’s rape

The Calcutta High Court has upheld a life sentence for a father accused of raping his daughter, citing that victims of traumatic experiences like rape may remain silent due to fear, threats, shame or psychological shock. The court recognized the trust, authority and protective role a father is expected to play in a minor's life, and how its abuse can lead to profound psychological consequences.

According to the court's August 28 order, a complaint was filed alleging the survivor told someone her father had sexually assaulted her multiple times, leading to her pregnancy at the time of the complaint. The survivor stated her father beat and threatened her, causing her to remain silent. She gave birth to a male child in November 2017, who was then adopted.

The court noted that a complaint was filed with the police, and the trial court found the father guilty of 'aggravated penetrative sexual assault' under the Protection of Children from Sexual Offences (POCSO) Act, sentencing him to life imprisonment. The court rejected arguments that the lack of a medical test to determine the survivor's age or a DNA test undermined the prosecution's case, stating that other evidence was sufficient to establish the age and guilt.

The court emphasized that the psychological impact on a minor survivor should be considered, as they may react to fear and violence by becoming silent, submissive or psychologically overwhelmed.