Bombay HC rejects bail plea of woman who didn’t act against husband for raping their 2 daughtersUpdated: Jul 12, 2020 00:22 IST
The Bombay high court (HC) last week rejected the bail plea of a woman accused of passively supporting her husband who raped two of their daughters and tried to sexually assault the third.
The woman’s bail application was based on claims that the accusations against her were false. However, a single bench of justice Vibha Kankanwadi took note that the entire story narrated by the daughters in the first information report (FIR) was “consistent” and “shocking”, and rejected the woman’s plea.
On April 2, the three sisters, who were badly beaten and locked in a room by their parents, were rescued by Kaij police in Beed district. The husband, a school headmaster, and his wife were arrested after the eldest daughter filed a complaint with the police.
According to her complaint, on March 31, the man tried to molest his 20-year-old eldest daughter, but she and her two sisters caused a commotion. The parents then beat them up and locked them inside a room in the house. The sisters, however, managed to communicate their condition to a friend who then informed the police.
The eldest daughter narrated her ordeal to the police, and in her complaint stated that she was raped by her father in 2012. She told the police that she was beaten by her father after she informed her mother about the incident.
The complainant further alleged that while her father kept molesting her intermittently, he also sexually assaulted her younger sister, who is now 18-years-old, since the time she was studying in Class 5. The three sisters were beaten after the matter was reported to their mother, and they were warned not to disclose the acts to anyone.
The 20-year-old further alleged that in 2018, her father tried to rape their youngest sister, who is now 15-year-old. In this instance too, their mother remained silent even after the incident was brought to her notice.
Acting on the complaint, police arrested the headmaster for rape, and his wife for abetment, for passively supporting her husband.
The woman had moved the high court seeking bail, claiming the complaint was false and that her 20-year-old daughter had made wild allegations because she was reprimanded for moving around in bad company. “It is highly impossible that the mother would keep quiet when her husband was molesting her daughter and would allow such activity to be continued for years together,” her lawyer had argued.
The judge rejected the woman’s bail plea, primarily noting that the entire story that had been narrated in the FIR appeared to be consistent with the statements of the sisters.
Justice Kankanwadi said the entire story was shocking, and the defense put forth by the applicant mother appeared baseless. The judge felt that no daughter would go to the extent of making such serious allegations against her parents simply because they were opposed to her relationship with a particular boy having bad antecedents. The judge said that even if the complainant went to that extent, the other two sisters would not have supported her against their parents if the allegations were false.