Bombay HC refuses bail to rape convict: ‘A woman may have easy virtue… that doesn’t mean anyone can take advantage’

Bombay High Court recently refused to grant bail to a man who was convicted of raping a minor. (Representational Image)

Observing that a woman may have “easy virtue” but that does not give anyone the right to take advantage of it, the Bombay High Court recently refused to grant bail to a man who was convicted of raping a minor. “She has a right to say no,” the court observed. The accused, who was the uncle of the accused, had approached the HC for suspension of his sentence besides seeking bail during the pendency of the appeal filed by him. He was tried and convicted under the Protection of Children from Sexual Offences Act and for criminal intimidation under the IPC. He was sentenced to 10 years’ imprisonment.

The lawyer for the accused argued that there was a delay in lodging the FIR and when the girl was taken to a shelter home she did not disclose that she had been raped. Further, he added, the victim had two boyfriends with whom she had sexual relations. “A woman may be having easy virtue but that does not mean that all and sundry can take advantage of this fact. She has the right to say no. Therefore, even if it is assumed that the victim was having two boyfriends, that does not empower the applicant to commit penetrative sexual assault on her. She had not attained consenting age,” observed Justice A M Badar.

Refuting the argument that the accused, being the only earning member in the family, be released on bail, Justice Badar said, “Unavailability of earning, particularly in the family, is not a relevant consideration for suspension of sentence.”

Taking into consideration the material brought on record from the cross-examination of the victim, the court held that “it is seen that she was a female child at the time of the incident in question. Her mother had deserted her father and, therefore, she was required to be at the mercy of her aunt. The applicant is husband of the aunt of the victim, a minor female child. She has categorically stated that the applicant had committed penetrative sexual assault with her repeatedly.”