'Unbecoming of an Indian woman': Karnataka HC tells survivor who claimed to have fallen asleep after being raped; gives bail to accused

Granting an advance bail to the rape accused, Justice Krishna S Dixit of the Karnataka HC also observed 'This is not the way our women react when they are ravished'

Press Trust of India June 25, 2020 17:28:20 IST
'Unbecoming of an Indian woman': Karnataka HC tells survivor who claimed to have fallen asleep after being raped; gives bail to accused

Bengaluru: Granting advance bail to a rape accused, the Karnataka High Court has expressed its reservations about the genuineness of the complainant's case while observing that her explanation that "after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman".

The court also found it difficult to believe at this stage that the complainant was subjected to rape on the false promise of marriage "in the given circumstances of the case".

Unbecoming of an Indian woman Karnataka HC tells survivor who claimed to have fallen asleep after being raped gives bail to accused

File image of Karnataka High Court. WikimediaCommons

The complainant is the employer of the accused for the past two years, it noted.

"Nothing is mentioned by the complainant as to why she went to her office at 11 pm; she has also not objected to consuming drinks with the petitioner and allowing him to stay with her till morning; the explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman," Justice Krishna S Dixit observed.

"This is not the way our women react when they are ravished," the judge further observed while allowing the plea on 22 June.

Agreeing that the charges of rape, cheating and intimidation against the petitioner were serious in nature, the court observed that "seriousness alone is not the criteria to deny liberty to the citizen when there is no prima facie case from the police".

The court took note of a letter allegedly written by the complainant that she would withdraw the complaint if a compromise was brought about.

"Nothing is stated by the complainant as to why she did not approach the court at the earliest point of time when the petitioner was allegedly forcing her for sexual favours," the court observed.

Further, the judge also found no ground to deny the accused advance bail as the victim did not offer any explanation for not alerting the police or the public about the conduct of the petitioner when she had been to a hotel for dinner and the petitioner, having consumed drinks, came and sat in the car.

The court imposed a slew of conditions on the petitioner while granting him the relief including the execution of a personal bond of Rs one lakh and not tampering with evidence.

Updated Date:

also read

BS Yediyurappa granted bail by special court in corruption case
Politics

BS Yediyurappa granted bail by special court in corruption case

The complaint alleges that Yediyurappa as the then deputy chief minister in 2006 illegally denotified 15 acres and 30 guntas land in Bengaluru's Bellandur and Devarabeesanahalli that was acquired for an IT park

Maharashtra: IT professional held for repeatedly raping colleague in Pune
India

Maharashtra: IT professional held for repeatedly raping colleague in Pune

The incident took place on 6 June when the accused called the woman, who is his subordinate, for a meal, then forced her to have liquor and raped her

Pakistan: As rape cases continue to rise Punjab province to declare 'Emergency'
World

Pakistan: As rape cases continue to rise Punjab province to declare 'Emergency'

Four to five cases of rape are being reported daily in Punjab due to which the government is considering special measures to deal with cases of sexual harassment, abuse and coercion, said Punjab Home Minister Atta Tarar