Rape survivor cannot be expected to lodge complaint at night while in shock: Bombay HC
Nagpur: The Nagpur bench of the Bombay High Court upheld the conviction of a man accused of raping a 35-year-old woman in 2017, rejecting his argument that the delay in filing the First Information Report (FIR) indicated false allegations. Justice Govind Sanap observed that a rape survivor in shock cannot be expected to travel alone at night to a police station to report the crime.
The court noted that the survivor lodged her complaint at 6 am the next morning, which was consistent with her situation and conduct. “The victim was helpless. One can visualise the pain, agony, and trauma she suffered due to such an outrageous act. It was night, and the police station was 15 km away. In such a state of mind, it is unreasonable to expect her to travel alone at night to lodge a complaint,” Justice Sanap stated.
The detailed order, passed on December 20, 2024, became available on January 22, 2025. The court further observed that the survivor went to the police station the next morning accompanied by a friend, reflecting her need for support in the crisis. “The delay in filing the FIR does not weaken the prosecution’s case,” the judge added.
The survivor testified that the incident occurred on March 25, 2017, at her home in a village in Amravati district. She said the accused, a known person, attacked her in the courtyard. Although she managed to escape and call a friend, the man followed her into the house and raped her. The friend later confronted the accused, who fled. The next day, the friend accompanied the survivor to lodge the complaint.
Justice Sanap emphasised the importance of considering the trauma and sociological factors surrounding the survivor’s experience. “No self-respecting woman would voluntarily make a humiliating statement against her honour. The inherent bashfulness of females and their tendency to conceal sexual aggression are critical factors that cannot be overlooked,” he said.
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No 'bacterial infection' found in bodies of 4 Mumbai family members who died after eating watermelon
Mumbai (PTI): The initial report submitted by the microbiology department of a Mumbai-based state-run hospital has said no "bacterial infection" was detected in the bodies of four family members, who died after consuming watermelon recently, officials said on Wednesday.
The Dokadia family, residents of Ghari Mohalla on Ismail Kurte Road, had hosted a get-together of relatives on the night of April 25. At around 1 am (on April 26), hours after the guests had left, Abdullah Dokadia (40), his wife Nasreen (35), and daughters Ayesha (16) and Zaineb (13) ate pieces of a watermelon.
They suffered severe bouts of vomiting and diarrhoea in the early hours of April 26 and were rushed to a local hospital before being referred to the government-run J J Hospital where all four died during treatment.
After the incident, Mumbai police, forensic experts and Food and Drug Administration (FDA) officials visited the house and had collected samples of every food item that constituted the family's last meal, including 'chicken pulav', watermelon, water, and other foodstuffs, and sent them to the Forensic Science Laboratory for analysis.
After the post-mortem of the deceased, their viscera was preserved for chemical analysis.
As the probe is underway, the microbiology department of the state-run J J Hospital has submitted its initial report to the police.
"As per the report, no bacterial infection has been detected so far in the bodies of the victims. No bacteria was found in their blood," the official said.
The exact cause of the death will be known once the forensic science lab submits its report, he said.
"The report will also clarify whether any food items consumed by the family members during the day contained anything poisonous," the official said.
