05 November,2023 08:53 PM IST | Mumbai | mid-day online correspondent
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A man was arrested in Mumbai for allegedly repeatedly raping his minor daughter, the police told PTI. According to the PTI report, the man, who resides in Govandi, has been allegedly raping his 13-year-old daughter for over two years.
The police further told the news agency that based on the complaint filed by the minor's mother, the police on Saturday arrested the accused under relevant provisions of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.
Reportedly, the mother learnt about the abuse after she grew suspicious of her husband's behaviour and spoke to her daughter about it. The minor during the conversation has revealed that her father had been sexually abusing her repeatedly for two years.
Reportedly, earlier in July, a special POCSO court in the city sentenced a man to 20 years in jail for sexually assaulting his 13-year-old daughter. Meanwhile, the girl's mother was sentenced to a six-month term for not reporting the crime. Reportedly, the special judge Shrikant Y Bhosale had convicted the man under the Indian Penal Code and Protection of Children from Sexual Offences (POCSO) Act for raping the minor, PTI reported.
Reportedly, in June 2018, the girl's father sexually assaulted her at their home in Bihar, the family's native place in the mother's presence and established sexual relationships simultaneously with the survivor and her mother.
The man tried to sexually abuse the daughter at their home in a Mumbai suburb in August 2019. The survivor resisted his advances, but he silenced her by covering her mouth with his hand, according to the prosecution.
The girl was released by the man when her mother, who was sleeping next to her, woke up. The survivor subsequently sought help from a neighbour and recounted her ordeal. A case was registered at the Kasturba Marg police station in the Borivali area, stated the report in PTI.
The prosecution had charged the father with offences under IPC sections 376 (rape) and 377 (unnatural offence), as well as under the POCSO Act. It also alleged that the mother had abetted the crime and charged her under IPC Section 114 (pertaining to abettors) and Section 34 (common intention).
While the court found the man guilty of rape and unnatural offence, it determined that the prosecution had not established that the girl's mother had abetted her husband in committing the offence or shared common intention. The court noted that, based on the evidence provided by the girl, her mother was aware of the crime but did not report it to the police.
The special judge observed that while a person may be fearful at a particular moment, continuous fear for an extended period cannot be assumed. The court also pointed out that the first instance of sexual assault by the girl's father was believed to have occurred around 2018. However, the mother did not report the incident to the police, either in Bihar or Mumbai, as per the judge's findings. The court held the mother guilty of an offence punishable under section 21 of the POCSO Act and sentenced her to six months in jail.
With PTI inputs
