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.
Govt invites application for SEBI chief post
New Delhi (PTI): The government on Monday invited applications for the post of Chairman of the Securities and Exchange Board of India (SEBI).
The current SEBI chairperson Madhavi Puri Buch's three-year term ends on February 28. Buch assumed charge at the helm of Sebi on March 2, 2022.
In a public advertisement, the department of economic affairs under the finance ministry invited applications from candidates by February 17.
"The appointment shall be made for a maximum period of 5 years from the date of assumption of charge or till attaining the age of 65 years of the appointee, whichever is earlier," the ministry said.
The chairperson will receive a pay equivalent to a secretary to the Government of India which is Rs 5,62,500 per month (without house and car), the advertisement said.
The ministry also said that keeping in view the role and importance of SEBI as a regulator, the candidate should have "high integrity, eminence and reputation preferably above 50 years with more than 25 years of professional experience".
The candidate is also required to have a "shown capacity in dealing with problems relating to securities markets, or has special knowledge or experience of law, finance, economics, accountancy' which in the opinion of the central government shall be useful to the board".
"The chairman should be a person who does not and will not have any such financial or other interests as are likely to affect prejudicially his function as the chairman," the advertisement added.
The government will appoint the SEBI chairperson on the recommendation of the Financial Sector Regulatory Appointments Search Committee (FSRASC). The committee is also free to recommend any other person also who has not applied for the post on the basis of merit, it added.
