Team  SoOLEGAL

Karnataka HC’s take on the unusual behaviour of a Rape victim to have slept after offence

Team SoOLEGAL 25 Jun 2020 4:29pm

Karnataka HC’s take on the unusual behaviour of a Rape victim to have slept after offence

The Indian society more or less believes that there is practically nothing left in the life of a rape victim after she has been ruthlessly subjected to the heinous act of rape.

In an order passed on 24th June, 2020, the Karnataka HC has stated it’s disbelief on the fact that  the rape victim had slept off after the crime was committed and continue to state that is  something practically impossible to do for an Indian woman to do after such a tragic incident.

Further based on the additional facts of the case,  Justice Krishna S Dixit stated that sleeping with the accused person after being raped is very uncommon and in a country like India, it is not the way a woman reacts after getting ravished. 

In the present case the accused person had filed an application for anticipatory bail in Karnataka High Court and the fact of the case is that the accused person that is the petitioner was employed by the rape victim since past two years and in these two years the petitioner had developed a sexual relationship with the woman by putting a false marriage of promise.

 It also came forward that the day when the incident took place, the accused got inside the victim’s car and went to a hotel had a drink and then went to her office where the accused raped her. Similarly a case was filed against the accused.

Here the Court has given importance mainly to the incident which took place after the rape had been committed. In this case, when the rape was taking place, the victim did not even shout, the victim did not even try to alert the police or the public nearby for help and above all just before the alleged incident the victim and the accused that is the petitioner in this case had spent time in a hotel by consuming drinks and also allowing the petitioner to stay with her till morning.

The complainant argued that the after the commitment of the rape the victim was feeling tired and had fallen asleep and that is the reason the complaint was filed next morning. According to the Court the argument which was given by the complainant was very much uncommon and unbecoming of an Indian woman because an Indian woman would never react the way like the victim did in this case.

The court also found the delay in filing a lawsuit and asked why the complainant did not approach the Court at the "earliest stage" of the time when the petitioner supposedly coerced her to do sexual favors.

Finally the Court allowed the pre-arrest bail plea on the petitioner furnishing a personal bond of Rs 100,000/- and also directed the petitioner not to leave the jurisdictional limit of the Court without prior permission and also to mark his attendance at the jurisdictional police station every alternate Sunday. 

 



Tagged: Karnataka HC   Rape victim   Indian society   Indian woman   Justice Krishna S Dixit  
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