Unnatural That Father-In-Law Will Rape His Daughter-In-Law Along With Another Person In Indian Culture- HC Grants Anticipatory Bail To Babu Khan
The Allahabad High Court has observed while granting anticipatory bail to a father-in-law accused of raping his daughter-in-law 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..".
The Court was seized of the anticipatory bail application filed by Babu Khan who is accused of offences under Sections 376, 511, 504 and 506 of the Indian Penal Code.
As per the FIR, "..applicant along with co-accused came at the house of victim's brother when she was alone and asked the whereabouts of her brother Mustaqeem and when the victim said that her brother is not at home then father-in-law of the victim started abusing her. It was further mentioned in the FIR that the alleged victim tried to stop him then she was pushed on the bed by him, then both the accused tried to rape her".
It was contended on behalf of the applicant that the co-accused Mohammad Haroon has been granted anticipatory bail by the High Court and that the case of the applicant stands on identical footing, who is entitled to anticipatory bail on the ground of parity.
The Counsel for the state opposed the prayer for anticipatory bail of the applicant but did not dispute the claim of parity.
The Bench of Justice Ajit Singh granted anticipatory bail to the applicant while observing that, "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., considering the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and in the case of Satendra Kumar Antil vs.Central Bureau of Investigation passed in Special Leave to Appeal (Criminal) No. 5191 of 2021".
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