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Unnatural in Indian culture that father-in-law would rape daughter-in-law: Allahabad HC

Court granted anticipatory bail to rape accused after making an observation based on the culture of the land, but not the allegations of the survivor

Sabrangindia 04 Jun 2022

Allahabad HC

On May 18, 2022, the Allahabad High Court’s Single-judge Bench of Justice Ajit Singh granted bail to a man accused of raping his daughter-in-law and held the accusations are falsely made, to humiliate his reputation in the society.

The Court was hearing a bail application [Criminal Misc.  Anticipatory Bail Application No. - 3285 of 2022filed by accused in Case Crime No. 59 of 2018.

The Court stated in its Order, “…considering the gravity of the offence, considering that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with some other person in our Indian culture, considering that the accusation has been made falsely with the object of injuring or humiliating his reputation in the society…”

Brief of the case

The complainant of the case alleged that on March 01, 2018 at around 06:00 P.M, the accused (father-in-law of the complainant) along with other co-accused came to the house of the survivor's brother, and upon discovering her to be alone, the father-in-law started abusing her, and then both the accused tried to rape her.

First Information Report (FIR) was registered against the accused, father-in-law in Janakpuri Police Station, district – Saharanpur, as Case Crime No. 59 of 2018. He was charged under Sections 376 (rape), 511 (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment), 504 (intentional insult with intent to provoke breach of the peace) and 506 (criminal intimidation) of the Indian Penal Code (IPC).

Arguments from both sides

Advocate Aditya Prasad Mishra representing the Applicant (accused) sought anticipatory bail on the ground of parity as the other co-accused in the same case has been granted anticipatory bail.

Learned AGA representing the State of Uttar Pradesh, had opposed the prayer for anticipatory bail of the Applicant, but does not dispute the claim of parity.

Court’s Observation and Order

The Court on hearing both sides of the argument held, Without expressing any opinion on the merits of the case and considering the nature of accusations and the antecedents of the applicant, considering the gravity of the offence, considering that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with some other person in our Indian culture, considering that the accusation has been made falsely with the object of injuring or humiliating his reputation in the society.”

The Court granted anticipatory bail to the applicant on following conditions:

“In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond with two sureties each in the like amount of Rs. 25,000/- to the satisfaction of the Station House Officer concerned with the following conditions:-

1)  The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court and will co-operate in investigation.

2) The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

3) That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

4) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

5) In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.”

The court’s observations about the accused appear to cast a shadow on the survivor’s claims in a society where sexual assault survivors often have to face stigma, opposition and work twice as hard to prove they were assaulted.

Unnatural in Indian culture that father-in-law would rape daughter-in-law: Allahabad HC

Court granted anticipatory bail to rape accused after making an observation based on the culture of the land, but not the allegations of the survivor

Allahabad HC

On May 18, 2022, the Allahabad High Court’s Single-judge Bench of Justice Ajit Singh granted bail to a man accused of raping his daughter-in-law and held the accusations are falsely made, to humiliate his reputation in the society.

The Court was hearing a bail application [Criminal Misc.  Anticipatory Bail Application No. - 3285 of 2022filed by accused in Case Crime No. 59 of 2018.

The Court stated in its Order, “…considering the gravity of the offence, considering that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with some other person in our Indian culture, considering that the accusation has been made falsely with the object of injuring or humiliating his reputation in the society…”

Brief of the case

The complainant of the case alleged that on March 01, 2018 at around 06:00 P.M, the accused (father-in-law of the complainant) along with other co-accused came to the house of the survivor's brother, and upon discovering her to be alone, the father-in-law started abusing her, and then both the accused tried to rape her.

First Information Report (FIR) was registered against the accused, father-in-law in Janakpuri Police Station, district – Saharanpur, as Case Crime No. 59 of 2018. He was charged under Sections 376 (rape), 511 (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment), 504 (intentional insult with intent to provoke breach of the peace) and 506 (criminal intimidation) of the Indian Penal Code (IPC).

Arguments from both sides

Advocate Aditya Prasad Mishra representing the Applicant (accused) sought anticipatory bail on the ground of parity as the other co-accused in the same case has been granted anticipatory bail.

Learned AGA representing the State of Uttar Pradesh, had opposed the prayer for anticipatory bail of the Applicant, but does not dispute the claim of parity.

Court’s Observation and Order

The Court on hearing both sides of the argument held, Without expressing any opinion on the merits of the case and considering the nature of accusations and the antecedents of the applicant, considering the gravity of the offence, considering that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with some other person in our Indian culture, considering that the accusation has been made falsely with the object of injuring or humiliating his reputation in the society.”

The Court granted anticipatory bail to the applicant on following conditions:

“In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond with two sureties each in the like amount of Rs. 25,000/- to the satisfaction of the Station House Officer concerned with the following conditions:-

1)  The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court and will co-operate in investigation.

2) The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

3) That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

4) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

5) In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.”

The court’s observations about the accused appear to cast a shadow on the survivor’s claims in a society where sexual assault survivors often have to face stigma, opposition and work twice as hard to prove they were assaulted.

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