Team  SoOLEGAL

‘If a man and a woman are in the same room, the man makes a request, and the woman complies, do we need to say anything else?' Observes the Supreme Court while dismissing challenge to anticipatory bail awarded to Varun Hiremath in a rape case

Team SoOLEGAL 7 Jun 2021 4:18pm

‘If a man and a woman are in the same room, the man makes a request, and the woman complies, do we need to say anything else?' Observes the Supreme Court while dismissing challenge to anticipatory bail awarded to Varun Hiremath in a rape case

The Supreme Court on Friday dismissed a petition challenging the Delhi High Court's ruling awarding Varun Hiremath, a TV journalist accused of raping 22-year-old women in Delhi, anticipatory bail. The petitioner claimed that the plea was made in response to the anticipatory bail granted by the High Court in the instance of rape, despite the fact that the legislation had been changed knowingly. She went on to say that, based on a selective reading of the Section 164 statement, the Court effectively awarded the benefit of the doubt.

The accused was arrested for 50 days, the non bailable warrants which was passed was ignored. Senior Counsel for the petitioner stated that each conduct requires unequivocal consent, according to the Indian Penal Code.Assume I disrobe myself, but there is a particular activity that a man wants to partake in, and I refuse, and it is a penetrative act, it becomes an offence, Senior Counsel stated.

The Supreme Court has distinguished between urging and force.She pushed him away after disrobing and before the penetration, she said 'No' many times and vomiting all over him, but he insisted.

Senior Counsel Nitya Ramakrishnan states that the mere fact the she disrobed is not sufficient to offset the aggression or trauma. It was also stated that the penetrative act was entirely without her consent. The bench dismissed the special leave motion, noting that it was not willing to interfere with the accused's anticipatory bail.



Tagged: Supreme Court   anticipatory bail   Varun Hiremath   rape case   Delhi High Court   TV journalist   Senior Counsel   Indian Penal Code   Senior Counsel   Nitya Ramakrishnan  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com