Lawstreet Journal

Himachal Pradesh HC denies bail to man accused of raping a minor [READ JUDGMENT]

Lawstreet Journal 8 May 2021 10:12pm

Image courtesy: Lawstreet Journal Judiciary Himachal Pradesh HC denies bail to man accused of raping a minor [READ JUDGMENT]

The Himachal Pradesh High Court on Wednesday, May 5th, 2021 stated that the simple sentence of "NO MEANS NO” has become increasingly difficult for some men to understand while rejecting the bail application filed by a man accused of raping a 17-year-old minor.

A single judge bench comprising of Justice Anoop Chitkara observed thus:

"No does not mean yes, it does not mean that the girl is shy, it does not mean that the girl is asking a man to convince her, it does not mean that he has to keep pursuing her. The word NO doesn't need any further explanation or justification. It ends there, and the man has to stop. Be that as it may, the victim, in this case, said no to the accused when he started touching her, but he continued. It nowhere implies consent, or zeal and desire to explore and feel each other in romantic love."

The accused, Suresh Kumar had been in custody since 18th December last year in relation to an FIR registered against him under sec. 376 of IPC and sec. 4 of POCSO Act. On 17th December 2020, Kumar picked up the minor girl, who was also his friend, in his vehicle by offering to drop her to her house. However, he changed the way and started touching her inappropriately.

While the girl said NO to him, he threatened the victim that if she started to cry, he forced himself upon her. Kumar then asked if she would marry him to which the victim responded in… Continue Reading...

Tagged: Himachal Pradesh High Court  
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