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.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
I've 10 months to decide whether I want to play one more year: Dhoni on IPL future
New Delhi(PTI): The legendary MS Dhoni stayed immune to the growing clamour around his future in the IPL, saying the decision to bring curtains on his career depends on how his body reacts to the demands of top-flight cricket and he has "10 months" to take a call.
In this IPL, Dhoni has not been able to make the kind of impact that he usually does while batting in the lower middle-order.
His lack of timing and ineffectiveness, evidenced in the 76 runs that he made from four matches, have prompted several experts to urge the multiple World Cup-winning skipper to move on.
"I am still playing the IPL and it is one year at a time for me. I am 43 now and by the end of this IPL season, I will be 44," Dhoni said on entrepreneur Raj Shamani's podcast recently.
"So, I have 10 months to decide whether I want to play one more year and it's not me to decide as it is my body that decides whether I can play or not," he added.
However, the former Chennai Super Kings skipper, who led CSK to five IPL titles, said he is quite content with his achievements on the field.
"It is not about whether I am happy or unhappy. Whatever has happened has happened. It cannot be changed. It's about accepting all of it. You know, whatever happens I will not be able to add one more run to my international runs, and no one will be able to reduce them," he said.
Dhoni has always been a man of the present. But, for once, he set aside that pragmatic side to reveal his wish of seeing legends like Sachin Tendulkar, Sourav Ganguly, Virender Sehwag and Yuvraj Singh assemble in the same team once again.
"I will stick to Indian players. Viru pa opening the innings, Sachin, Dada… and now you imagine everyone at their prime. Then you will get this feeling that there can't be anyone better than them.
"It's tough to pick an all-time eleven. Now, when you see Yuvi hitting six sixes, you will feel that I don't want to watch any other batsman. It's all about enjoying what they have done for India. Some of those talents we have seen are mind blowing," he added.
