Alka Verma –
Published On: October 21, 2021 at 14:00 IST
Kerala High Court recently, stated that an Rape Accused cannot be just let off in a scenario wherein the Victim is Sexually Active.
The Court also added that an Accused cannot be just released because victim gives to sexual promiscuity in the exchange for money i.e. is of ‘Easy Virtue’.
Justice R Narayana Pisharadi stated that, “The credibility of the testimony of a rape survivor will not be impacted even if she admits that she has sexual relations with another man.”
“Even in a case where it is shown that the victim is a girl of easy virtue or a girl habituated to sexual intercourse, it may not be a ground to absolve the accused from the charge of rape… It is the accused who is on trial and not the victim,” added Justice Narayana.
The High Court also stated that there is no need to view any evidence provided by the victim with the same amount of suspicion as that of the accused.
Justice Narayana made such observation while sentencing the conviction of a man who was accused of Raping as well as Impregnating his own 16-year old Daughter.
“Charged of raping his own daughter under his refuge and fortress is worse than the gamekeeper becoming a poacher,” stated the Court.
It further stated that the father on a repeat raped her own daughter which led to pregnancy and birth of a child.
The girl when got pregnant, revealed the whole incident to her mother and aunt who took her to the Police.
When the daughter registered the complaint, the Accused was found guilty by the Trial Court.
The man was booked under the Sections 376 and 506(ii) of the Indian Penal Code and also under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act by the Trial Court.
The Trial Court in its Judgment also observed that the DNA was a proof that the father was only responsible for the Daughter’s Pregnancy.
Click here to read/download the Order
Also Read: Landmark Judgements that shaped the Rape Laws in India
What are the Essentials for proving Guilt in Rape cases in India?