Kar HC | Rape victim falling asleep after perpetration of act is “explanation unbecoming of an Indian women”: Court while granting anticipatory bail to rape accused

Karnataka High Court: Krishna S. Dixit, J., granted anticipatory bail to the petitioner accused of committing sexual offence.

Petitioner was accused for the offences under Sections 376, 420 and 506 of Penal Code, 1860 and Section 66-B of Information Technology Act, 2000 and by the present petition seeks bail.

State while opposing the petition submitted that the offences alleged against the petitioner are serious in nature and it would be unsafe for the society if offenders like petitioner is granted bail.

Thus in view of the above Judge of the lower Court had rejected his claim.

Bench on perusal of the petition papers and on consideration of the contentions submitted by the counsels granted anticipatory bail for the following reasons:

  • seriousness alone is not the criteria to deny liberty to the citizen when there is no prima facie case from the side of the State Police;
  • version of the complainant that she was subjected to rape on the false promise of marriage in the given circumstances of the case, is bit difficult to believe at this stage; there is a letter allegedly written by the complainant to the effect that she was ready to withdraw the complaint if a compromise is brought about, especially when the complainant had employed the services of the petitioner since last two years or so; 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;
  • nothing is mentioned by the complainant as to why she went to her office at night ie., 11.00 p.m.; 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; that is not the way our women react when they are ravished;
  • version of the complainant that she had been to Indraprastha Hotel for dinner and that the petitioner having consumed drinks came and sat in the car, even if is assumed to be true, there is no explanation offered for not alerting the police or the public about the conduct of the petitioner

Thus in view of the above, petitioner was granted bail. [Sri Rakesh v. State of Karnataka, Criminal Petition No. 2427 of 2020, decided on 22-06-2020]

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