A woman may have an easy virtue, but it does not give anybody the right to take advantage of it, the Bombay High Court observed. The court made these observations while refusing bail to a man 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."
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