Rape not just physical assault destroys personality of survivor: HC

Dismissing a bail application of a man accused of raping his daughter-in-law, the Delhi High Cout observed that physical assault can scar the mental psyche of a survivor and destroy her whole personality

New Delhi:Rape is not just a physical assault as it can scar the mental psyche of a survivor and destroy her whole personality, said the Delhi High Court as it refused to grant bail to a 65-year-old man accused of raping his daughter-in-law.

Justice Subramonium Prasad, who pronounced the order, also said that rape is an extremely heinous offence and its trauma can persist for years for the survivor.

Dismissing the bail plea by an order passed on October 21, the court observed that the petitioner was accused of raping his daughter-in-law, and the possibility of him threatening the survivor could not be ruled out at this juncture.

The court also said that merely because the FIR was filed in the present case after a lapse of two months, it did not mean that the daughter-in-law filed a false case.

“Rape is an extremely heinous offence which stipulates minimum punishment of 7 years and can go up to life. It is stated in the FIR that the prosecutrix (daughter-in-law) was scared and was reluctant to tell her parents about the incident, but when she was repeatedly harassed and raped by the petitioner herein, she mustered the courage and informed her parents about the incident,” the judge noted.

“Rape is not merely a physical assault; it is often destructive of the whole personality of the survivor. The act of rape has the ability to scar the mental psyche of the survivor and this trauma can persist for years,” the judge said.

Considering that the petitioner was in custody since August last year, the court directed the trial court to hear arguments on charge and examine the daughter-in-law as expeditiously as possible, preferably within six months.

The petitioner sought bail on the ground that the case arose out of a matrimonial dispute and the daughter-in-law was trying to implicate everyone in the family.

It was submitted that the petitioner was a 65-year-old man having ailments and the charge sheet has been filed before the trial court.

The grant of bail was opposed by the State and the daughter-in-law.

PTI