Delhi High Court Drops Charges Against Abuse Victim

The Delhi High Court has terminated charges against a woman accused of failing to report her daughter's sexual assault by her husband. The court recognized the woman as a victim of severe domestic abuse. Charges against her husband will proceed, while the woman's delay in reporting was deemed understandable due to trauma.


Devdiscourse News Desk | New Delhi | Updated: 18-09-2024 18:51 IST | Created: 18-09-2024 18:51 IST
Delhi High Court Drops Charges Against Abuse Victim
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The Delhi High Court has closed the criminal proceedings against a woman accused of not reporting her 16-year-old daughter's sexual assault by her husband. The court emphasized that the woman herself was a victim of severe abuse in her matrimonial home.

Justice Anish Dayal quashed the charges under Section 21 of the Protection of Children from Sexual Offences (POCSO) Act against the woman, noting that prosecuting her would severely disadvantage both her and her daughter, who relies on her for support. The woman's husband, who allegedly committed repeated sexual assaults on their daughter, will still face trial.

The woman's subsequent timely reporting of the assault, despite severe threats from her husband and his family, was acknowledged by the court. It noted that the abuse the mother faced, which included sexual and physical violence, constituted significant mitigating circumstances for the delayed report. The case highlights the complexities of enforcing mandatory reporting laws in circumstances involving domestic abuse.

(With inputs from agencies.)

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