Mother Silencing Minor Daughter, Permitting Accused To Sexually Assault Her Amounts To 'Abetment' Under POCSO Act: Delhi High Court

The Delhi High Court has observed that the act of a mother of silencing her minor daughter and permitting an accused to sexually abuse and assault her amounts to “abetment” under Section 17 of the POCSO Act. Justice Swarana Kanta Sharma upheld the conviction of a mother for abetting the rape of her 11 year old minor daughter for the offences under Section 6 read with 17 and 21 of the POCSO Act. The Court also upheld the sentence of 25 years of rigorous imprisonment awarded to her.“Her conduct in silencing the victim, directing her to submit, and permitting the co-accused Alok to sleep with the victim in the same bed and let him sexually abuse her, clearly demonstrates intentional assistance and aiding on her part. These acts go much beyond passive acquiescence and fall squarely within the ambit of “abetment” under Section 16 of the POCSO Act, punishable under Section 17,” the Court observed.It added that the mother deliberately chose not to report the matter to the authorities or even to any other person in a position to prevent further harm on the victim child. This act of hers attracts punishment under Section 21 of POCSO Act, it said. The FIR was registered on the basis of a written complaint lodged by the father who alleged that a man, with the active assistance of the victim‟s mother, had repeatedly subjected the child to sexual assault. Allowing the plea, the Court observed that despite some minor contradictions, the testimonies of the prosecution witnesses remained firm and consistent on the material aspects of the prosecution‟s case.It noted that the victim, in her statement recorded under Section 164 of Cr.P.C. as well as in her deposition before the Trial Court, remained categorical and consistent that she was subjected to repeated sexual abuse over a period of time.The Court noted that the victim also categorically said that her mother was fully aware of such abuse, yet instead of intervening, she chose to scold and beat the victim whenever she protested. “This lends sufficient weight to the allegation that the appellant not only failed in her duty to protect her child but also actively facilitated and abetted the acts of co-accused Alok,” it said.“Further, the material on record also establishes that the appellant deliberately chose not to report the matter to the authorities or even to any other person in a position to prevent further harm on the victim child. This act of hers attracts punishment under Section 21 of POCSO Act,” it added. Justice Sharma concluded that considering the nature of the allegations and the fact that the minor victim child was subjected to repeated sexual assault within the safety of her own home, with the active participation of her mother, no leniency was warranted while considering the quantum of sentence awarded to the mother.“The punishment awarded by the learned Trial Court is therefore just, appropriate, and commensurate with the gravity of the offences proved against the appellant. In view of the foregoing observations, the impugned judgment of conviction as well as order on sentence is upheld,” the Court concluded.Title: K v. STATE NCT OF DELHICitation: 2025 LiveLaw (Del) 1212Click Here To Read Order

Mother Silencing Minor Daughter, Permitting Accused To Sexually Assault Her Amounts To 'Abetment' Under POCSO Act: Delhi High Court

Nupur Thapliyal

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