Bombay High Court upholds conviction of man for raping mother-in-law

The Bombay High Court's Nagpur bench on Tuesday upheld the conviction and sentence of a man for the rape of his 55-year-old mother-in-law.

Single-judge Justice GA Sanap, while upholding the 14 year sentence, emphasised that the complainant in her wildest of dreams would not have imagined that her son-in-law would commit such a deplorable act with her.

The convict by sexually assaulting his mother in law, who is the age of his own mother, defiled her 'womanhood'.

"It is to be noted that the appellant (convict), who is the son-in-law of the prosecutrix (complainant victim), has committed this shameful act with his mother-in-law, who is the age of his own mother. The appellant defiled the womanhood of the prosecutrix," the Court observed.

The case arose on December 21, 2018, when the prosecutrix, a flower vendor near the Chandrapur Bus Stand, received a phone call from her granddaughter who said she was unwell.

Concerned for her granddaughter's health, she agreed to visit her in Nagbhid.

Later that evening, her son-in-law Shailesh Mahadeo Lanjewar approached her at her shop, initiating a quarrel and insisting that she accompany him to help reconcile with his estranged wife, the daughter of the prosecutrix.

Reluctantly, the prosecutrix agreed to ride with him on his motorcycle. During their journey, he stopped at a village called Lohara to purchase country liquor.

At around 10:00 pm, under the influence of alcohol, the accused made unwanted sexual advances towards her, stating his desire to establish physical relations.

Despite her protests, he forcibly took her into a nearby jungle, where he sexually assaulted her.

After the assault, he lost the keys to his motorcycle and sought help from individuals at a nearby forest chowki. While searching for the keys, the prosecutrix disclosed the assault to bystanders but her claims were ignored. He then forced her back onto the motorcycle and they continued their journey.

They stopped again at Chichpali where the prosecutrix attempted to seek help from people gathered around a fire but her pleas were once again dismissed.

The ordeal continued until they reached a bus stop near the Andhari River around 3:00 am where he assaulted her again and threatened her against revealing the incident.

Afterward, they arrived at his sister's house in Nagbhid around 10:00 a.m. The prosecutrix met her granddaughter and confided in her about the assault. Following a family lunch, she returned to Chandrapur where she informed her daughter about the incident.

Encouraged by her daughter, the prosecutrix went to the police station at Gandhi Chowk and filed a report at the Ramnagar police station leading to the arrest of Lanjewar.

During the trial, his defense claimed that the sexual intercourse was consensual and argued that the prosecutrix had opportunities to escape. However, the prosecution presented eleven witnesses to establish the guilt of the appellant. The trail court after considering the same convicted him in March 2022.

In the High Court, he reiterated the arguments before the lower court.

However, the Court refused to accept the consent argument and noted that just because she willingly accompanied with him and had opportunities to escape, would not suggest that she was a consenting party,

"The appellant was frustrated on account of the marital discord between him and his wife. Therefore, on this count, it is not possible to conclude that the prosecutrix was a consenting party to this act. It is true that she had an opportunity to run away as well as complain when she was forced to accompany him on the motorcycle. The prosecutrix would not have even imagined such an act at the behest of the appellant with her. Therefore, this conduct of the prosecutrix accompanying the appellant on the motorcycle could not be the ground to record a finding that the prosecutrix was a consenting party," the Court observed.

Further, the Court also addressed the stigma associated with reporting such incidents.

"Reporting of such a matter to the police invites stigmatic consequences. If it was a consensual act, then she would not have at all reported the incident to the police. If it was a consensual act, then she would not have even disclosed the same to her daughter."

Besides, if she wanted to involve the accused in a false case, she could have invented another story instead of carrying the stigma of rape throughout her life, the Court said.

"She would not have allowed such a direct attack on her character. The prosecutrix, a mother of five children, would be required to carry this stigma throughout her life," the single-judge opined.

Hence, it upheld the conviction and sentence of the man.

Advocate Yogesh Mandpe appeared for the appellant-convict.

Additional Public Prosecutor Mukta Kavimandan appeared for the State.

Advocate Falguni Badani appeared for the prosecutrix.

[Read Order]