Delhi HC upholds life term for man who raped minor daughter

In its 17-page verdict, the high court held that the DNA evidence conclusively established the offence

The Delhi high court has upheld the life sentence of a man convicted of raping his 14-year-old daughter, observing that a father entrusted with protecting his child cannot be shown any leniency.

The case was registered in July 2021, when the victim, then three months pregnant, and her mother approached the police. (Representational image)

“A father who is supposed to safeguard the safety and security of his own daughter cannot be shown any relaxation in such cases,” a bench of justices Prathiba M Singh and Madhu Jain said in an order released on January 21.

The court delivered the ruling on January 15 while hearing the man’s appeal against a trial court’s July 30 and August 29, 2025, orders convicting him of rape, criminal intimidation and aggravated penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, and sentencing him to life imprisonment.

The case was registered in July 2021, when the victim, then three months pregnant, and her mother approached the police. They alleged that the father had sexually assaulted the minor on multiple occasions while she was asleep at home. Police filed the chargesheet in March 2022.

Before the high court, the convict argued that the chain of custody of biological samples had not been established, as testing of the foetus was conducted 14 days after collection. He contended that the forensic science laboratory (FSL) report could not be the sole basis for conviction, particularly since the victim had stated that she did not know how she became pregnant.

He further submitted that his wife had turned hostile and claimed she was unaware of who had impregnated their daughter.

Opposing the plea, Delhi Police, represented by additional public prosecutor Ritesh Bahari along with advocate Divya Yadav, argued that settled judicial precedents recognise DNA testing as conclusive evidence in rape cases, and that the trial court’s findings did not warrant interference.

In its 17-page verdict, the high court observed that the family’s social and economic circumstances could explain the inconsistent or hostile statements of the prosecutrix and her mother, but held that the DNA evidence conclusively established the offence.

“The social circumstances and the economic status of the family may have compelled the prosecutrix and her mother to give contradictory statements or to turn hostile. However, in such cases, the court cannot completely ignore the scientific evidence which has come on record. In the present case, the DNA testing, being conclusive and unimpeachable evidence establishing the factum of physical relationship of the appellant with the minor daughter, leaves no scope for doubt and accordingly the conviction of the appellant cannot be faulted,” the court said.

Delhi High Court has upheld the life sentence of a man convicted of raping his 14-year-old daughter, observing that a father entrusted with protecting his child and ensuring her safety cannot be shown any leniency.

“A father who is supposed to safeguard the safety and security of his own daughter cannot be shown any relaxation in such cases,” a bench of justices Prathiba M Singh and Madhu Jain said in its order released on January 21.

The court delivered the ruling on January 15, while dealing with man’s appeal against trial court’s July 30 and August 29, 2025, orders convicting him of rape, criminal intimidation and aggravated penetrative sexual assault on his daughter and sentencing him for life.

The case was registered in July 2021 when the victim, then three months pregnant, and her mother approached the police. They alleged the father had raped her two to three times while she slept at home. Police filed the chargesheet in March 2022 under rape and aggravated penetrative sexual assault provisions of the POCSO Act.

In his petition before the high court, the man asserted that the chain of custody of samples was not established since the testing of the foetus was done 14 days after the sample was collected and the FSL report could not be the sole basis for convicting him, since the victim had stated that she did not know as to how she became pregnant.

He added that even his wife had turned hostile and stated that she was not aware as to who had impregnated her daughter and did not admit that the information about the pregnancy was given by her own daughter.

The Delhi police represented by additional public prosecutor Ritesh Bahari along with advocate Divya Yadav opposed the petition stating that there were various rulings which say that DNA testing is conclusive evidence for convicting an accused for rape and the trial court’s verdict did not warrant any interference.

Considering the contentions, the court in its 17-page verdict, family’s “social and economic status” might explain the prosecutrix and mother’s inconsistent or hostile statements, but DNA conclusively proved the father raped his daughter.

“The social circumstances and the economic status of the family may have compelled the prosecutrix and her mother to give contradictory statements or to turn hostile. However, in such cases, the court cannot completely ignore the scientific evidence which has come on record. In the present case, the DNA testing, being conclusive and unimpeachable evidence establishing the factum of physical relationship of the appellant with the minor daughter, leaves no scope for doubt and accordingly the conviction of the appellant cannot be faulted,” the court said in its order.