The Court noted that the mother told the child that “it was okay” when the child complained about the sexual assault. The mother was also said to have taken the child to the house of the main accused.
On the present day, a court in the state of Kerala rendered a verdict wherein a 42-year-old woman was sentenced to a term of 20 years of rigorous imprisonment for her complicity in the act of rape perpetrated upon her minor daughter. The presiding Special Judge, Rekha R, unequivocally characterized the woman’s conduct as irreprehensible and deemed it a derogation of the sanctity associated with motherhood. Notwithstanding the entreaty for a lenient consideration under the auspices of the Protection of Children from Sexual Offences (POCSO) Act, the judicial authority declined such leniency.
“The mitigating factors put forth by the accused No.2 are meant to invite mercy but the factual matrix cannot allow mercy to accused No.2 who had committed an insult to motherhood,” the trial court at Thiruvananthapuram said.
The court observed that in response to the 7-year-old child’s complaint regarding sexual assault, the mother conveyed an alarming indifference by stating that “it was okay.” Additionally, it was presented to the court that the mother facilitated the child’s presence at the residence of the individual responsible for the assault. Throughout the trial, the child consistently testified that the acts of assault occurred in the mother’s presence, leading the court to infer intentional facilitation on the part of the mother in aiding the principal accused.
As a result, the court concluded that the mother’s conduct constituted “abetment” under the provisions of Section 16 of the Protection of Children from Sexual Offences (POCSO) Act. The court expressed profound disapproval, noting the tragic circumstance wherein the child, instead of experiencing an idyllic childhood, was subjected to aggravated penetrative sexual assault due to the intentional actions of her own mother.
The court expressed condemnation for the accused mother, who, entrusted with the role of protector and guardian, failed in her responsibilities, resulting in the profound detriment of the child’s well-being and the disruption of her familial environment.
The case pertains to a child who purportedly endured sexual assault on multiple occasions between 2018 and 2019, during her enrollment in Class I and II. These incidents transpired at both the child’s residence and the abode of the alleged perpetrator.
The child, aged 6-7 at the time, disclosed the occurrences of sexual assault to a counselor at a shelter home. While the primary accused had deceased prior to the trial, the child’s mother faced charges for deliberately aiding the commission of the crime and failing to report it to law enforcement.
The trial court substantiated the occurrence of aggravated penetrative sexual assault on several occasions, with the consistent assertion that the acts transpired in the presence of the mother. The court highlighted the mother’s complicity in transporting the child to the assailant’s residence, where the assaults occurred. The court discerned no substantive basis to doubt the veracity of the victim’s statements during cross-examination.
Furthermore, the court dismissed the contention that the child victim had been unduly influenced or coached by law enforcement and the child welfare committee in providing testimony against her mother.
The Court proceeded to opine that severe punishment should be imposed on the mother to “prevent recurrence of similar offences and to deter potential offenders from committing similar offences.”
Hence, the court directed the imposition of a 20-year term of rigorous imprisonment upon the mother for her offense.
