Karnataka High Court questions rape sufferer declare to have slept after act, grants bail to accused

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Bengaluru: Granting advance bail to a rape accused, the Karnataka High Court has expressed its reservations concerning the genuineness of the complainant’s case whereas observing that her clarification that “after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman.”

The court docket additionally discovered it tough to consider at this stage that the complainant was subjected to rape on the false promise of marriage “in the given circumstances of the case.” 

The complainant is the employer of the accused for the previous two years, it famous. “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 noticed. “This is not the way our women react when they are ravished,” the choose additional noticed whereas permitting the plea on June 22.

Agreeing that the fees of rape, dishonest and intimidation in opposition to the petitioner have been severe in nature, the court docket noticed 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 docket took be aware of a letter allegedly written by the complainant that she would withdraw the criticism if a compromise was caused.

“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 docket noticed.

Further, the choose additionally discovered no floor to disclaim the accused advance bail because the sufferer didn’t provide any clarification for not alerting the police or the general public concerning the conduct of the petitioner when she had been to a resort for dinner and the petitioner, having consumed drinks, got here and sat within the automotive.

The court docket imposed a slew of situations on the petitioner whereas granting him the aid together with the execution of a private bond of Rs one lakh and never tampering with proof.