4 min readMumbaiUpdated: Dec 12, 2025 06:01 PM IST
The Bombay HC said that the allegations are reprehensible and the accused being out during the trial is bound to have an adverse effect on the trial. (Source: Express Archives)
The Bombay High Court on Wednesday ruled that a woman’s decision to leave her second husband after learning he had allegedly raped her minor daughter cannot be dismissed as mere “matrimonial discord”, and cancelled the bail granted to the accused in June by a Thane court.
The court also set aside the ground of a two-year delay in filing of the First Information Report (FIR), noting that the teenage victim was ‘courageous enough to risk complaining to her mother about the assaults’ by her stepfather.
“The order passed by the trial court, enlarging the Respondent No.1 (accused) on bail, does not record any justification, save and except that the court appears to have been swayed by an unsupported argument of the Respondent No.1 that there was a matrimonial discord between him and the mother of the minor victim, which was the basis of the FIR. A plain reading of the FIR, however, reveals an entirely different picture,” Justice Neela Gokhale said in the order, passed on Wednesday.
Justice Gokhale observed it was only natural that once the mother learnt of the sexual assault and the act of rape committed by her husband on her minor daughter from a previous marriage, she would insist on living separately from the husband, and “this per se by itself cannot be termed as a matrimonial discord, on account of which the FIR is filed”.
According to the FIR, the victim, aged 16 years and 10 months, had faced sexual abuse and sexual assault on five occasions between April 2023 and 2025 by her stepfather, who her mother had married in 2014, after a divorce. After an alleged sexual assault incident on April 18, unable to bear anymore, she informed her mother, the complaint said. After the incident, the victim’s mother left her husband and filed the FIR.
The 47-year-old stepfather was granted bail by a Thane trial court in June 2025. The victim, a 16-year-old girl, had approached the High Court through her mother seeking cancellation of the bail, stating that the seriousness and gravity of the offence were not considered while granting bail to the accused.
Accused projected marital discord in Thane court
Meanwhile, the accused, while seeking bail in the Thane court, had claimed that his wife had filed a sexual assault complaint due to marital discord and also questioned the delay in filing the complaint. The trial court had considered these grounds to grant the accused bail in June 2025, nearly three months after the FIR was filed.
Story continues below this ad
In the petition seeking cancellation of the bail, the victim’s lawyer, Ramprasad Gupta, had argued that, looking at the gravity of the case, these grounds cannot be the sole reason for granting bail. The state prosecutor also supported the petition.
“It is when the repetitive assaults became unbearable and when she turned 16 years 10 months old, that she was courageous enough to risk complaining to her mother about the assaults. Immediately, thereafter, the mother left with the victim and took shelter at her parents’ house. This fact cannot be termed as ‘delay’ in filing a complaint, nor can the separation be termed as ‘marital discord’ as reasons to grant bail,” the High Court said.
The court said that the allegations are reprehensible, and the accused being out during the trial is bound to have an adverse effect on the trial.
The Bombay High Court noted that despite notice, neither the accused nor his lawyer was present to put their side across during a decision on appeal against the trial court order.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
Expertise
Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports.
Core Authority & Focus: Her work primarily centers on:
Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system.
Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on:
Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates.
Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children.
Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions.
Experience
Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor.
Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape.
Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism.
She tweets @sadafmodak ... Read More
