Unbelievable That Father Would Encourage 2 Sons To Commit Rape On Married Woman: Allahabad HC Stays 'Gang-Rape Trial'

The Allahabad High Court (Lucknow bench) on Thursday stayed a criminal trial against two real brothers who have been accused of gang-raping a 27-year-old woman. The Court has also stayed the trial against the father (of the accused) who has been accused of encouraging his two sons to rape the woman.

The bench of Justice Dinesh Kumar Singh observed that it is unbelievable that a father would encourage his two sons to commit rape on a married woman and two real brothers would commit rape one by one with a married woman, having three children.

Essentially, the Court was hearing the criminal revision plea filed by 3 accused (father and his two sons) who had moved the High Court challenging an order of the lower dismissing their discharge application.

The revisionists are two real brothers and their father and the allegation against them is that the father remained outside the house guarding while he asked his two sons to commit rape on a 27 year old married woman, having three children.

While hearinng their plea, the Court observed that prima-facie, the story set up by the prosecution does not appeal to conscience of the court. In view thereof, the Court found it appropriate to stay the further proceedings.

Therefore, the Court said that till the next date of listing of the case, the proceedings of Sessions Trial under sections 504,506,376-D, 120-B I.P.C, be kept in abeyance.

The Court also issued notices to the state of Uttar pradsh and the alleged victim in the case (respondent no. 2) returnable at an early date. Further, the Court gave four weeks' time to the counsel for the respondents to file Counter Affidavit.The matter has now been listed for further hearing after six weeks.

In May 2022, the Allahabad High Court had granted anticipatory bail to a man accused of raping his daughter-in-law as it noted that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with some other person in our Indian culture.

Case title - Naasir And Others v. State Of U.P. Thru. Prin. Secy. Home And Anr

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