Mumbai: The Nagpur bench of the Bombay High Court has upheld the conviction of man sentenced to 14 years imprisonment for raping his 55-year-old mother-in-law in December 2018, saying the accused has committed this shameful act with his mother-in-law, who is of the age of his own mother.
“The appellant, who is the son-in-law of the prosecutrix, has committed this shameful act with his mother-in-law, who is of the age of his own mother,” Justice GA Sanap said while dismissing the appeal of the accused challenging the trial court verdict.
What was the case of the prosecution?
As per the prosecution, there was marital discord between the appellant and his wife and their two two daughters were living with the appellant, who came to her shop on the day of the alleged incident, quarrelled with her and told her to reunite him with his wife. Later that evening, the victim went with him to his house on his compulsion on his motorcycle. The appellant consumed country liquor, which he bought on the way, and raped her. She later told her daughter about the incident and lodged a complaint with the police.
It was a consensual sexual intercourse and was falsely implicates at instance of my wife: Son-in-law
The convicted son-in-law took the defence that he was falsely implicated in the case at the instance of his wife, who is residing separately for the last five years due to marital discord between them, and that sexual intercourse with his mother-in-law was consensual.
The High Court, however, rejected the defence of the convict, saying this defence is not probable and it cannot be accepted.
If it was a consensual act then she would not have at all reported the incident to the police: High Court
“It is not the case of the appellant (convict) that prior to this incident he had sexual relations with the prosecutrix. The prosecutrix was staying alone at Chandrapur. She was doing a business of selling flowers for her livelihood. She was not dependent on her daughters. Her daughter PW-6 was residing at Chandrapur. They are residing separately. On the date of the incident, she was 55 years old,” the High Court said.
“Even if it is assumed that she was supporting the wife of the appellant in a litigation filed against the appellant, it could not be said that for that purpose she would invite such a stigma on her character. 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 High Court added.
Defence of appellant that this false case was created for the sake of taking revenge cannot be believed: High Court
The High Court further said that the defence of the appellant that this false case was created for the sake of taking revenge cannot be believed and if she wanted to involve the appellant in a false case, then she would have invented another story.
“She would not have allowed such a direct attack on her character. The prosecutrix, a mother of five children, would be required to carry this stigma throughout her life. The evidence on record is sufficient to prove the rape on her. It is to be noted that 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 High Court said.
The High Court said that the trial court judge has done a meticulous analysis of the evidence and has come to a just and proper conclusion and there was no reason to discard and disbelieve the evidence adduced by the prosecution.
“Learned Judge (trial court) has done a meticulous analysis of the evidence and has come to a just and proper conclusion. I do not see any reason to interfere with the well-reasoned judgment and order passed by the learned Judge,” the High Court said while dismissing the appeal.
