Bail granted on assumption that father-in-law cannot rape daughter-in-law

While recently deciding upon an application for anticipatory bail, the Allahabad High Court observed that, “it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with any other person in our Indian culture.”

Facts:

Babu Khan, who was accused of offenses under Section 376, 511, 504 and 506 of the Indian Penal Code. The FIR registered against Babu Khan stated that, “the applicant along with co-accused came in the house with the 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 the father-in-law of the victim started abusing her.

It was further mentioned in the  FIR that the alleged 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 also contended by the applicant that the co-accused Mohammad Haroon was granted anticipatory bail by the High Court, hence on the ground of parity, the applicant is also entitled to the bail. 

The Bench of Justice Ajit Singh observed that, “considering the nature of the accusations and the antecedents of the applicant, considering the gravity of the offence, and considering its 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 Constituion Bench judgment of the Apex Court in the Case of Sushila Aggarwal v State ?( NCT of Delhi) [2020] and in the case of Satendra Kumar Antil v Central Bureau of Investigation in Special Leave to Appeal of 2021″.

The High Court granted the application for anticipatory bail.

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