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Person Accused Of Sexual Abuse Cannot Live With The Victim, Even If It's His Daughter, Rules Karnataka HC

Bail plea of a Bengaluru-based man was refused on this ground.

01/05/2017 4:57 PM IST | Updated 01/05/2017 5:58 PM IST
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The High Court of Karnataka recently rejected a bail plea by man who is accused of touching his 18-year-old daughter inappropriately, on the grounds that the victim and the accused cannot live together.

In the shocking case, a teenaged girl from Bengaluru had accused her father of touching her inappropriately when she was sleeping. Horrified by the interminable occurrences, the girl had also tried to commit suicide in June last year by taking an overdose of pills.

According to Bangalore Mirror, it was the victim's mother and the accused man's wife who had registered the complaint.

The girl had told BM:

"I am disgusted with the conduct of my father who is sexually abusing me by inappropriately touching my private parts while I sleep at home."

The accused, who has been in prison since August 2016, had approached the HC for bail, claiming that his behaviour was induced by alcohol.

He had also accused his wife of framing him on false charges, claiming that she wanted their daughter to get married against his 'wishes'.

Now, the HC said that 'influence of alcohol' cannot be a plausible explanation given in the court of law, and has thus rejected the father's bail. The court also said that if he was let out of the prison, he would inevitably go back home, and end up living under the same roof as his wife and daughter.

The HC said:

"The concern of the court is to reconcile the conflicting interest of the victim and the accused. The offence charged against the petitioner is punishable with a maximum imprisonment of five years. The relationship between the parties is fiduciary and it is borne on record that they are living under a common roof. Under the said circumstances, during the pendency of the trial, if the accused is allowed bail and let to reside along with the victim, it is likely to prejudice the case of the prosecution and is also likely to harm the interest of the victim."

Recently, the High Court of Karnataka had also ruled that if a man accused of rape offers to, or marries the victim, the case against him isn't 'automatically' quashed.

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