The accused, Sushma Mohite, claimed she was terrorized by her husband Satish and sought bail on the grounds that she had to look after the couple's four children, who are aged 6-11 years. Rejecting her plea, Justice K U Chandiwal said that she showed no remorse and did not "protest against the illegal acts of Satish to anybody, including her relations or even the police. The track record of the accused also informs her conduct and criminal activities."
The court said that while Sushma's claim that she was under pressure from her husband might be true, "the record speaks against her as the witnesses and minor victim implicate the accused of consciously advising the victim to get married to her husband, knowing fully well the subsistence of her marriage with Satish and the liability of maintaining four minor children".
According to the police, Satish eloped with the victim in May and married her. Her father lodged a criminal complaint of kidnap, abduction and rape of a minor.
The girl told the police later that Sushma had convinced her to get married to her husband and had even taken her to court in June. Additional public prosecutor Usha Kejriwal said the victim was a minor, whose consent was immaterial. She said that not being in a position to take her own decisions, the girl succumbed to the "rosy picture" painted by Sushma.
The court ruled that sexual intercourse with a minor even with her consent is rape. "Due to her age, the victim cannot be said to be a consensual party," said the judge and held that prima facie, Sushma had abetted rape.
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