Taking exception to a rape convict’s efforts at victim-shaming, the Bombay High Court has said a woman may have a boyfriend but that does not authorise another man to sexually assault her.
The Coram headed by A.M.Badar,J denied bail to a man convicted under the Prevention Of Children from Sexual Offences (POCSO) Act for repeatedly raping his minor niece. Shrikantsngh Sukhdev Singh was the applicant while The State of Maharashtra was the respondent.
This is an application for suspension of sentence and releasing the applicant/accused on bail during the pendency of the appeal filed by him. After the Trial the accused is convicted of the offence punishable under section 5(n) r/w 6 of the Protection of the Children from Sexual Offences Act for 10 years as well as under Section 506 of the Indian Penal Code .
The court rejected his argument that the victim has had “two boyfriends with whom she had sexual relations . A woman might be of easy virtue but that does not mean that all and sundry can take advantage of this fact. She has a right to say no,” Justice Badar said.
“Even if we were to assume that the victim in this case had two boyfriends, the same does not empower or authorise the applicant to commit penetrative sexual assault on her,” The judge pointed out the victim had not attained the age of consent at the time of the incident.”She has categorically stated in her cross examination that the applicant had repeatedly sexually assaulted her.
He, however, approached the HC for bail arguing he had not committed the said offence and that he deserved to be let out on bail since he was the sole breadwinner for his family. Unavailability of earning particularly in the family is not a relevant consideration for suspension of sentence.”The offence in question is a serious one and the applicant has been held guilty of the offence after a due trial. Hence, no case for grant of bail is made out,” the court said.
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