Indian High Court orders release of woman charged with rape for not stopping her husband molest a child

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The High Court in Mumbai has ordered the release of a woman charged with rape for not stopping her husband from molesting a child.

The woman has been awaiting trial since August 2015 when she was charged along with her husband.

According to The Times of India, Justice Sadhana Jadhav said: "[She] cannot be prosecuted for the offence punishable under Section 376 as she is a woman.

"The only role attributed to her is that she had maintained silence in respect of the acts of her husband. She has been in custody for more than 16 months and deserves to be enlarged on bail."

The girl's mother lodged a rape case against the woman and her husband in August 2015, claiming the man molested the girl while she slept next to her parents.

The complaint alleged the man sometimes molested her in the presence of his wife.

The couple were arrested and charged for the offences of rape, unnatural sex and provisions of the Protection of Children from Sexual Offences Act.

The prosecution claimed the man had molested the girl in his wife's presence and had not stopped him or retaliated, The Times of India reports.

The woman has now been granted bail.

Under Indian laws, the offence of rape is gender specific: it is defined as when a man has sexual intercourse with a woman against her will and without her consent.