Read Time: 07 minutes

Synopsis

The Kerala High Court has declined bail to a woman accused of letting step father of her minor daughter to rape her, saying if true the allegations against her are an insult to motherhood.

"The statement of the victim that she was subjected to rape even in the presence of the petitioner is another reason which compels me to hold that the petitioner is not entitled to bail," a single judge bench of P Gopinath said.

The court also lent credence to the apprehension expressed by the public prosecutor that she may influence or intimidate the victim, saying those appeared "to be real".

"The petitioner being the biological mother of the minor victim may be in a position to influence or intimidate the victim if she is granted bail," the bench said.

"The allegations against the petitioner are very serious and if true they are an insult to motherhood," the bench added.

The petitioner woman was named as second accused in the FIR lodged with Koppam Police Station of Palakkad District, alleging commission of offences punishable under Sections 376 (2) (n), 376 (3) of the Indian Penal Code and Section 4 read with 3 (a), 6 read with 5 (l) (m) and (p), 11 (i) (ii) & (iv) read with 12 and 16 read with 17 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section 75 of the Juvenile Justice Act.

The first accused was the step father of the minor victim.

It was alleged that during the period from 2018 to 2023 the step father of the minor victim girl, with the knowledge and consent of her biological mother had indulged in talks having sexual flavours. The minor victim was allegedly forced to send her nude pictures to the mobile phone of her step father. 

In the month of October 2018, the first accused allegedly committed penetrative sexual assault and rape on the minor victim and thereafter continued such activity at a rented house at Koppam. 

It was also alleged that the minor victim was also subjected to rape at Hotel Casteilo at Coimbatore with the consent and connivance of the mother.

The petitioner contended that she has been in custody from March 2023. Even if the allegations against the first accused are taken to be true, there is no material whatsoever to suggest that she had any role in the matter. 

She also submitted that considering the fact that she has another child (a son) to look after, petitioner may be directed to be released on bail. She also said since the investigation has been completed and a final report has been filed, further detention of the petitioner is not necessary for the purpose of any investigation.

The public prosecutor opposed the plea saying here are clear allegations against the petitioner that the offences were committed by the first accused with active support and the connivance of her. 

According to the statement of the victim, such offence has been committed even in the presence of the petitioner. There is even an allegation that on one occasion, she actually removed the clothes of the minor victim at the behest of the first accused. In such circumstance, if the petitioner is granted bail there is every chance on the minor victim being influenced or intimidated to give evidence in favour of the accused in this case, the prosecutor said.