June 5, 2021 11:42:09 pm
The Punjab and Haryana High Court has allowed the bail plea of a woman, who is facing charges for not informing to the police about the alleged rape of her daughter by her husband. The FIR in the matter was registered on July 21, 2020, at PS 31, Chandigarh.
The woman, through her counsel, had contended before the High Court bench that she is the mother of the victim and the only charge against her was that her husband used to sexually assault his daughter and she failed to inform the police.
The petitioner was charged in the matter under Section 120-B (criminal conspiracy) of Indian Penal Code. However, the woman’s counsel said, there was no allegation of prior meeting of minds of the petitioner and her husband, qua commission of offence alleged against her husband.
Infact, the counsel further submitted, that the petitioner herself had been facing problems from her husband, who has a distracted mental disposition.
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The UT counsel, in reply, submitted that the petitioner knew every aspect of the conduct of her husband sexually assaulting their own daughter. The petitioner kept silent and did not inform the police in this regard despite repeated requests made by her daughter.
The bench of Justice Rajbir Sehrawat, after hearing the arguments, allowed the bail plea, and ordered to release the petitioner, pending trial subject to her furnishing bail bonds/surety to the satisfaction of the Duty Magistrate, concerned.
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