{"id":256086,"date":"2021-10-27T09:00:43","date_gmt":"2021-10-27T03:30:43","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=256086"},"modified":"2021-10-29T10:10:31","modified_gmt":"2021-10-29T04:40:31","slug":"father-in-law-accused-of-raping-own-daughter-in-law","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/10\/27\/father-in-law-accused-of-raping-own-daughter-in-law\/","title":{"rendered":"Law on Grant of Bail | Father-in-Law accused of raping own Daughter-in-Law: Read whether Del HC grants bail or not"},"content":{"rendered":"

Delhi High Court: <\/strong>In a case wherein a father-in-law was accused of raping his own daughter-in-law, Subramonium Prasad, J., expressed that,<\/p>\n

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Rape is not merely a physical assault; it is often destructive of the whole personality of the survivor.<\/span><\/p>\n<\/blockquote>\n

Factual Background<\/strong><\/span><\/p>\n

Prosecutrix submitted that she got married according to Muslim Rites and Customs. After some time of her marriage, her in-laws started to harass her but she remained silent. Further, it was stated that her husband used to beat her and subjected her to unnatural sex several times.<\/p>\n

Later, the prosecutrix came to know that her husband was having an affair with some other woman and therefore, she tried to make him understand, but he did not listen to her.<\/p>\n

Petitioner\u00a0raped prosecutrix on 2-3 occasions. On one day the prosecutrix told her brother-in-law about the incidents of rape by the petitioner. Though it is stated that after that day, brother-in-law tried to touch the prosecutrix inappropriately after which the prosecutrix told her parents everything and asked them to take her along.<\/p>\n

An FIR was lodged for the offences under Sections 323, 376 of the Penal Code, 1860.<\/p>\n

In view of the above, petitioner was arrested.<\/p>\n

Yogesh Gaur, Counsel for the complainant opposed the bail by contending that the prosecutrix was harassed by her husband, her father-in-law and brother-in-law. Petitioner raped the prosecutrix, hence the bail ought not to be granted to him.<\/p>\n

Analysis, Law and Decision<\/strong><\/span><\/p>\n

High Court noted on a number of Supreme Court cases with respect to parameters of granting bail, which were as follows:<\/p>\n