Mother has divine powers to understand children, says HC, relies on her word for rape conviction

MUMBAI: Aurangabad bench of the Bombay high court (HC) on January 25 has held that a mother has divine powers to understand her children, and confirmed the conviction for rape of a child.

The court held that as the victim, who was only four and a half years old at the time of the offence, was unable to explain what the 20-year-old accused had done to her, the incriminating statement of the mother was sufficient to believe that her daughter was raped.

The offence had occurred on August 11, 2017, when the accused had induced the minor and her sister with chocolates and taken them to his house which was adjacent to their residence.

In his house, he sexually assaulted one of the minor girls.

The mother of the minors was alerted by the cries of the younger daughter and when she knocked on the door of the accused’s house, and he opened the door and fled. The mother then brought the two daughters back home and found the elder daughter had been sexually assaulted.

While the daughter was unable to explain exactly what the accused had done to her, the mother realised that an attempt was made by the accused to rape her daughter.

After hearing the submissions, the bench said, “The relationship of a mother and a daughter would always be of confidence and the mother would have the skill to extract information about the things which had happened with her child. It will not be an exaggeration, if it can be observed that the mother has that divine power to understand the feelings like happiness or sorrow of the child. Many times, she understands it without being conveyed in words.”

Further, the court held that as the man was not 21 years old, he should be kept in the Yerwada special home till he attained the age of 21.