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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'Wrong format': Speaker UT Khader rejects APMC Minister Shivanand Patil's resignation
Bengaluru: Minister for Textiles and APMC Shivanand S Patil resigned as MLA on Friday, stating that he was accepting a challenge from expelled BJP legislator Basanagouda Patil Yatnal to contest a by-election against him, but Karnataka Assembly Speaker UT Khader rejected the letter on grounds that Patil's resignation was not in the right format.
The minister, who is the MLA from Basavana Bagevadi, had requested the Speaker in his letter to accept his letter only if Yatnal too resigned as legislator of Vijayapura to contest against him.
Yatnal too, however, has rejected Patil's challenge, calling it only a drama. Stating that a conditional resignation was not acceptable, Yatnal added that he would not resign unless the minister's resignation letter was accepted.
Yatnal had recently criticized Patil and Congress MLA from Hungund Vijayanand Kashappanavar for protesting against him in Vijayapura city for his allegedly defamatory comments on Muslims. Yatnal had also challenged both Congress leaders to face him in by-elections from their respective constituencies.
On Friday, Patil submitted his resignation, saying he was accepting Yatnal's challenge and would take on the MLA in a by-election from Basavana Bagevadi.
