'Blot On Motherhood': Kerala Court Sentences 42-Yr-Old Mother To 20 Yrs Rigorous Imprisonment For Abetting Sexual Assault Of Minor Daughter

A Kerala Court on Monday sentenced the mother of a minor child to undergo rigorous imprisonment for a period of twenty years, and imposed a fine of Rs. 20,000/- for abetting the commission of aggravated penetrative sexual assault on the child. 

Fast Track Special Court (POCSO) Judge at Thiruvananthapuram Rekha R. passed the Order, noting that the action of the mother amounted to an 'unpardonable blot' on, and an insult to motherhood. 

"PW12 (victim) who was supposed to spent time in cheerfulness was dealt with aggravated penetrative sexual assault due to the abetment of her own mother. Accused No.2 (mother) who is supposed to be the protector and guardian of PW12 is responsible for shattering the childhood of PW12 and for depriving family environment to her by abetting the commission of penetrative sexual assault on her. The act of accused No.2 is unpardonable and a blot on motherhood," the Court observed, while imposing the sentence. 

The prosecution case is that the first accused (now deceased) had committed aggravated penetrative sexual assault on child victim who was only 7 years old at the time of the incident. It was alleged that the mother of the victim abetted the crime by transporting the victim to the first accused person's house, and non-reporting of the incident to the police authorities, despite being aware of the same. 

Both accused persons were thus charged for sexual assault under various provisions of the IPC and Protection of Children from Sexual Offences Act ('POCSO Act'). During the course of the proceedings, the first accused expired. 

The 2nd accused argued that she had earlier filed a complaint against the 1st accused for her elder daughter, and that she did not have any knowledge of the 1st accused assaulting her younger daughter, who is the victim herein. She submitted that the alleged minor victim was not subjected to any sexual assault, and added that she would have informed the police if such an incident did occur. 

The Court at the outset discerned that in order to ascertained as to whether the 2nd accused had abetted the commission of aggravated penetrative sexual assault on the minor victim, the first and foremost aspect was to consider as to whether the prosecution had succeeded in proving that the 1st accused had committed the offence. 

The Court took into account the testimony of the minor victim before the doctor and Magistrate, as well as the medical evidence to positively conclude the same. 

The accused mother was thus convicted for the offences punishable under Section 17 ('Punishment for Abetment') read with Section 16(3) ('Abetment of Offece') of Section 6 ('Punishment aggravated penetrative sexual assault') read with Section 5(l) ('repeated aggravated penetrative sexual assault on child') and Section 17 read with Section 16(3) of Section 6 read with Section 5(m) ('penetrative sexual assault on a child below twelve years') of POCSO Act and Section 21 of POCSO Act.

Counsel for the State: Public Prosecutor R.S. Vijay Mohan

Counsel for the Accused: Advocate Rajeekanth R.S. 

Case Title: State v. Sisupalan & Anr. 

Case Number: Sessions Case No. 455/2022

Click Here To Read/Download The Order