High Court: ‘Falling asleep after Rape unfitting of Indian Woman’

Granting anticipatory bail to a 27-year-old man accused of raping his employer, the High Court of Karnataka has observed that the 42-year-old survivor’s statement about being tired & falling asleep “after the perpetration of the act” was “unbecoming of an Indian woman” because “that is not how our women react when they are ravished”.

The Bengaluru woman had lodged a complaint of rape against her employee at RR Nagar police station on May 2, following which an FIR was registered under Indian Penal Code sections 376 (rape), 420 (cheating) & 506 (criminal intimidation), along with Section 66-B of the Information Technology Act, 2000.

A City Court rejected advance Bail to the accused on May 19, after which he approached the HC. on Monday, Justice Krishna S Dixit said during the bail hearing that the complainant’s claim about being raped on the false promise of marriage was a bit difficult to believe at this stage, given the circumstances of the case. “There is a letter allegedly written by the complainant herself to the effect that she was ready to withdraw the complaint if a compromise is brought about,” the Judge pointed out.

On the complainant’s statement that she had been to a hotel for dinner when the accused came & sat in her car in an inebriated state, the court said,

‘There is a letter allegedly written by the complainant herself to the effect that she was ready to withdraw the complaint if a compromise is brought about,’ Justice Krishna S Dixit pointed out

“…Even if (the version) is assumed to be true, there is no explanation offered for not alerting the police or the public about the conduct of the petitioner.”

The Judge said, “Nothing is mentioned by the complainant as to why she went to her office at 11.00pm; she has not objected to consuming drinks with the petitioner & allowing him to stay with her till morning...The explanation offered by complainant that after the perpetration of the act she was tired & fell asleep, is unbecoming of an Indian woman; that is not the way our women react when they are ravished.”

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