'Calling Him Paedophile Is Premature': Lawyer Accused Of Rape By Niece & Daughter Gets Bail

Last Updated:May 29, 2025, 15:28 IST

Court noted that the lawyer had opposed the victims’ decision to marry of their own choice, leading to a deterioration in their relationship

The bench of Justice Krishan Pahal noted significant inconsistencies in the testimonies of the alleged victims. (Representational Image: Shutterstock)

The Allahabad High Court on May 26 granted bail to a Jhansi-based lawyer who was arrested earlier this year following allegations of rape, sexual assault, and intimidation made by his minor daughter and niece.

The bench of Justice Krishan Pahal noted significant inconsistencies in the testimonies of the alleged victims, absence of forensic evidence, and unexplained delay in lodging the FIR.

“The allegations, if found true, are of extreme mental depravity and must be dealt with an iron hand. However, branding the applicant as a ‘paedophile’ in the present matter is premature and legally untenable, particularly in the absence of any prior conduct or antecedent allegations supporting such a characterisation in the FIR," the judge concluded.

The FIR, filed jointly by the alleged victims on December 6, 2024, accused the lawyer of exploiting their vulnerable positions — one being an orphaned niece under his care and the other his minor daughter — by coercing them into silence and manipulating their circumstances for personal and financial gain. The narrative extended beyond sexual assault, suggesting that the accused used the victims to lodge multiple FIRs against various individuals over the years, extracting settlements reportedly worth lakhs of rupees.

The lawyer was booked under Sections 376, 354, and 506 of the Indian Penal Code (IPC) based on a joint complaint.

However, the defence countered these claims by presenting a timeline of events showing that both victims had voluntarily left the house, married individuals of their own choice, and had previously supported the prosecution in separate criminal trials against those very individuals. They argued that the FIRs were lodged only after the lawyer opposed their relationships and marriages, portraying the accusations as retaliatory.

The court observed that both victims were minors at the time of the alleged incidents, which added seriousness to the charges. Nonetheless, their vacillating statements, including admissions that they acted under pressure or anger at various points, cast doubt on the credibility of the allegations.

In particular, the one-year delay in reporting the case and the absence of any video or medical evidence, despite claims of such material, weakened the prosecution’s stand.

“The statements of the victims have been inconsistent, showing signs of vacillation at various stages of the proceedings…The two victims have repeatedly altered their statements, exhibiting inconsistency akin to a pendulum," Justice Pahal noted.

Court further noted that both parties admitted a breakdown in relations, particularly after the victims chose to marry against the accused’s wishes. It held that such matters, involving personal dynamics and contested facts, must be examined at trial, and no conclusion could be drawn at the bail stage.

It opined that the accused, as a guardian, may have acted under the belief of upholding family norms, but his conduct now stood challenged as having possibly crossed legal limits.

Therefore, considering these facts, the wavering testimonies of the witnesses, the delayed lodging of the FIR, the lack of forensic corroboration, and the nature of the earlier FIRs, court allowed bail to the lawyer.

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