Delhi High Court upholds 10-year jail term for mother of 3 who said abuse was ‘okay’

“Infact, according to PW1 (eldest girl), her mother (A2) responded by saying that it was okay and that people do such things… The girls never realised that they were being abused by A1 (main accused) until PW1 attended the awareness classes. They must have thought that the acts were normal when their own mother responded by saying – ‘Koi nahi, aise karte hain (It’s okay, this happens)’,” the order read. 

Abuse, awareness session and disclosure

The prosecution claimed that for nearly three years till 2018, the accused, who is the girls’ cousin, intimidated the three minor girls and repeatedly committed penetrative sexual assault on them. He allegedly threatened to beat them up if they disclosed the incidents to anyone.

The matter allegedly came to light when one of the girls told her school teacher about the incidents of sexual assault. The teacher deposed that in August 2018, a Municipal Corporation of Delhi counsellor visited the school to conduct a session, during which the eldest girl disclosed that she was being sexually harassed at home by a relative.

Justice Chandrasekharan Sudha noted that the matter came to light only when the eldest girl attended awareness classes and realised that she had been sexually abused. (AI-enhanced image)

The counsellor then informed the authorities about the harassment. The girl said that when the mother was informed about the incidents, she responded that it was okay.

It was claimed before the trial court that the mother abetted and aided the accused in committing the penetrative sexual assault on the children. After hearing the matter, the trial court, by its January 30, 2025 judgment and February 14, 2025 order on sentence, awarded the accused rigorous imprisonment for 12 years along with a fine of Rs 25,000, while the mother was sentenced to rigorous imprisonment for 10 years and fined Rs 10,000.

‘No male DNA on girl’s clothes’

Appearing for the main accused before the high court, advocate Amitej Kumar Nagar argued that the absence of detection of male DNA on the clothes of the eldest girl, despite the prosecution’s allegation that she was subjected to penetrative sexual assault on the very same morning, was inconsistent with the prosecution’s case and created reasonable doubt.

The woman, represented by advocate Sanjana Gupta, submitted that the eldest daughter had given inconsistent versions in her earlier statements and testimony. She argued that the prosecution had failed to establish its case beyond reasonable doubt and that the mother was entitled to an acquittal.

Parental duty to protect: HC

Noting that the mother had the duty to protect her children, the court observed that the statement given by the eldest daughter showed that the mother justified the conduct of the main accused and did not intervene despite being repeatedly informed of the matter.

“A2 (mother) is not a stranger, acquaintance or any family member, but the mother of the victims who had the parental and legal duty to protect her children,” the bench underlined.

The high court dismissed the appeal, holding that the offences charged against the accused and the mother had been proved beyond reasonable doubt and that there was no flaw in the trial court’s findings requiring interference from the high court.

Children in distress or anyone seeking to report child abuse can contact Childline at 1098 for immediate assistance.