NIRMALA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition for regular bail filed under Section 439 Cr.P.C. on behalf of the petitioner-Nirmala Devi, who was arrested on 28.08.2020, in case FIR No.106 dated 26.08.2020, under Sections 6, 17 of POCSO Act, 2012, and Section 506 of the IPC, registered at Police Station Women Yamuna Nagar, District Yamuna Nagar.

(2.) The petitioner happens to be the mother of the prosecutrix, and has remained in detention in the present case for more than 5 months since 28th August, 2020. In the meantime, challan against her has already been submitted after completion of the investigation.

(3.) It has been submitted on behalf of the petitioner that being the real mother of the prosecutrix, it is inconceivable that she would have willingly compromised on the dignity/chastity of her own daughter, and that in any case, her overall conduct in the matter was actually on account of her pure illiteracy and rustic status as a village woman, who was gullible enough to believe that her daughter, i.e., the prosecutrix, who was suffering from a stone/tumour in her body, could be cured by the efforts of coaccused-Satish, who professed to be the devotee of some 'Mata' i.e. a Divine Diety. Hence, according to the Ld. Counsel, the petitioner being the mother of the prosecutrix, cannot be held responsible for the wrongs committed by the said co-accused-Satish, on the pretext of curing the prosecutrix of her physical affliction.