38.6c New Delhi, India, Sunday, May 19, 2024
Judiciary

Kerala High Court declines bail to mother for facilitating rape of minor daughter by step father [Read Order]

By LAWSTREET NEWS NETWORK      10 October, 2023 11:43 AM      0 Comments
Kerala High Court declines bail to mother for facilitating rape of minor daughter by step father

The Kerala High Court has rejected a plea for bail to a woman who was alleged to have forced her minor daughter to be sexually exploited by the child's step father, observing the allegations, if true, are an insult to motherhood.

Justice P Gopinath considered the statement of the victim as well as apprehension of the prosecutor to deny bail to the petitioner.

The court noted the victim recorded her statement that she was subjected to rape even in the presence of the petitioner.

"This is another reason which compels me to hold that the petitioner is not entitled to bail," the court said.

The prosecutor opposed the bail plea as 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 allegations against the petitioner are very serious and if true they are an insult to motherhood," the bench said.

During the period from 2018 to 2023, it was alleged 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 submitted 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 said 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 petitioner was named as second accused in the FIR registered 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.

 

[Read Order]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order] Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order]

Read about a recent judgment by the Kerala High Court that quashed a dowry harassment case against a woman in a live-in relationship. The court ruled that she couldn't be considered a relative under Section 498A of the IPC, highlighting the importance of precise legal definitions.

Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order] Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order]

Kerala High Court emphasizes the importance of outdoor sports, home-cooked meals, and parental supervision, discouraging the gifting of mobile phones to minors. Learn why the court quashed a case related to private porn viewing and the need for responsible parenting.

Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice] Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice]

Lakshadweep MP Mohammed Faizal PP faces disqualification from Lok Sabha as Kerala High Court rejects plea to suspend his conviction in an attempt to murder case. Get the latest updates on his legal battle.

Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case

Stay tuned for the latest legal developments as the Supreme Court suspends the conviction of Lakshadweep MP Mohammed Faizal in an attempt to murder case. Get insights into this high-profile case and its impact on his political career.

TRENDING NEWS

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email