Bombay HC Grants Bail To 28-Year-Old Woman Accused Of Assaulting Son, Says ‘No Mother Can Be Thought Of Beating Her Own Child’

Mumbai: Bombay High Court Grants Bail to Woman Accused of Assaulting Son, Says ‘No Mother Can Be Thought of Beating Her Own Child’

The Bombay High Court on Tuesday granted bail to a 28-year-old woman accused, along with her live-in partner, of assaulting her seven-year-old son. The court observed that the case arose from a matrimonial dispute and noted that the child had become a scapegoat in the conflict between his parents. The woman was represented by Advocates Prashant Pandey and Dinesh Jadhwani.

Justice Milind Jadhav remarked, “No mother can be thought of beating her own child.” He also found the allegations of sexual assault by the woman’s partner “prima facie unbelievable.”

The case was initiated by the child’s biological father, who lodged an FIR with the Dahisar police in October 2023. He alleged that his estranged wife and her partner had repeatedly assaulted the boy and once attempted to kill him. The woman was arrested the same month and remained in custody until being granted bail.

The court noted that the child, who suffers from epilepsy, frequent seizures, and malnutrition, had received medical care from his mother. Medical records indicated multiple hospital visits in September 2023, preceding the FIR’s filing.

According to the complaint, the child had been living with his father in Ratnagiri after his parents separated in 2019. However, in mid-2023, the woman allegedly took him away to Mumbai. The prosecution argued that the boy was healthy when he left Ratnagiri but later suffered due to abuse by his mother and her partner.

However, the court found inconsistencies in the allegations. It noted that in 2019, when the child was just one year old, the FIR claimed the mother would vent her frustration on him. “Prima facie, this statement is unbelievable on the face of the record as it is unsubstantiated,” the court observed.

Additionally, the court criticised the police for failing to follow mandatory procedures under the Criminal Procedure Code, particularly regarding informing the accused of the grounds of arrest. Granting bail, the court directed the woman to furnish a personal bond of Rs 15,000.