Mumbai: Observing that it was a “shameful act” and that the victim was like a mother to the accused, the Nagpur bench of the Bombay High Court has upheld the conviction of a man for raping his mother-in-law, 55, in December 2018.
The court noted that the victim was the same age as the man’s mother and that he had “defiled her womanhood”. Further,the victim would have to carry the stigma.
“It is to be noted that the appellant (convict), who is the son-in-law of the prosecutrix (complainant victim), has committed this shameful act with his mother-in-law, who is the age of his own mother. The appellant defiled the womanhood of the prosecutrix,” observed Justice GA Sanap on Tuesday.
The judge added: “The appellant took advantage of his relations with the prosecutrix. The prosecutrix would not have imagined in the wildest of dreams that her son-in-law would commit such a deplorable act with her.”
The HC was hearing an appeal filed by the man challenging the March 2022 judgment of the sessions court convicting him on rape charges and sentencing him to 14 years in prison
Justice Sanap, while upholding the conviction noted that the evidence submitted by the prosecution was sufficient to prove the rape. Moreover, considering the gravity of the crime, the sentence imposed on him was absolutely proportionate.
The victim alleged that her son-in-law and daughter were separated and that her two grandchildren used to live with their father.
On the day of the alleged incident, the accused visited victim’s house and quarrelled with her demanding that she take steps to reunite her daughter with him. On his compulsion, she went with him to his house, as she wanted to meet her grandchildren. However, on the way, the accused consumed liquor and allegedly raped the woman thrice.
The woman informed her daughter about the alleged incident after she returned home and then lodged a police complaint. The man claimed that it was a consensual sexual relationship and that he was falsely implicated in a rape case.
The court however refused to accept his argument and said the victim at the time of the incident was 55 years old and would not invite such a stigma on her character by levelling false allegations.
“Reporting of such a matter to the police invites stigmatic consequences. If it was a consensual act then she would not have at all reported the incident to the police. If it was a consensual act then she would not have even disclosed the same to her daughter,” the judge underlined.
