This particular decision is upheld by the High Court of Telangana through the learned bench led by HONOURABLE MRS. JUSTICE G.SRI DEVI in the case of Shabana Begum v. State of Telangana (CRIMINAL PETITION No. 4703 OF 2021).
The facts of the instant case is that a minor girl was continuously sexually assaulted by her mother’s live-in partner resulting in her getting pregnant. The instant criminal petition under Section 437 and 439 of the Code of Criminal Procedure, 1973 was filed by the petitioner/A-2 to release her on bail for the offences under Sections 376(2)(f)(n), 376(3), 342 and 50 of the Penal Code, 1860.
Bench noted that the petitioner/A-2 after the death of her husband had developed intimacy with A-1 and both the petitioner and A-1 were staying together by maintaining a live-in-relationship.
Further, it was noted that the petitioner allowed A-1 to commit sexual assault on her minor daughter, as a result of which her minor daughter, due to a continuous assault upon her by A-1 became pregnant and also gave birth to a male child. After giving birth, also the victim became pregnant twice and A-1 gave pills to her for abortion. The DNA test also revealed that A-1 is the biological father of the male child born to the victim girl.
In view of the above nature of allegations levelled against the petitioner, which were grave and heinous in nature, Court rejected the bail application of the petitioner.
High Court while dismissing the criminal petition, stated that since the charge sheet was already submitted, the trial court was directed to commence and conclude the trial as expeditiously as possible.
Judgement reviewed by – Arvind Roshan