The Bombay High Court acquitted a 25-year-old woman who was convicted in 2015 by a trial court for abetting sexual assault of her five-year-old daughter by the child's step-father. The woman, who worked as a domestic help, had been sentenced by the lower court to 10 years rigorous imprisonment and a fine of Rs. 10,000, in default of which she would have had to spend another two years in jail. Justice AM Badar while quashing the conviction, also directed that the fine amount, if paid by her, be refunded. The trial court had sentenced the woman under Section 17 of the Protection of Children from Sexual Offences (POCSO) Act which deals with punishment for abetment. The sexual assault of her daughter had taken place in 2013 in Nashik district. The woman who had been lodged in Nashik Central Prison since the past four years, had appealed against the sentence. Matter came to light after neighbour filed a police complaint. The child would often stay at her home, and while bathing her, she saw injuries on her private parts. The child on being asked told her that her step-father had inserted something into her vagina and put chilly powder into it. He would also beat her by tying her hands. When the neighbour informed the mother, she refused to file a police complaint. The neighbour then lodged a complaint against the woman's husband and also made the woman a co-accused for not filing the police complaint after being aware of the sexual assault. The trial court while convicting the woman observed that there was 'illegal omission as well as intentional aid' on her part as she did not interfere with the act of her husband. Justice Badar said, "Presence of the abettor either before commission of the offence for facilitating commission of the offence or at the time of commission of act constituting the offence is necessary; for making out the offence of abetment." As per the testimony of the child in the trial court, the woman was not present either before or during the incident. It further stated that failure on the part of the woman to lodge a police complaint would not amount to intentionally aiding the commission of offence by stepfather. "Mere negligence or carelessness on the part of the accused cannot be termed as 'abetment'."

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