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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Defamatory post against Dharmasthala Veerendra Heggade: Case registered against Girish Mattannavar
Belthangady: A case has been registered at Dharmasthala police station against Girish Mattannavar over a complaint regarding alleged defamatory posts on social media against Dr. D. Veerendra Heggade, Dharmadhikari of Sri Kshetra Dharmasthala.
The complaint was filed by Subrahmanya Prasad, a resident of Dharmasthala.
The complainant stated that Mattannavar posted content on Instagram making allegations against Dr. Heggade and allegedly affecting his reputation.
Based on the complaint, a case was registered under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), which is related to spreading false information, rumours, or alarming news, on April 18, and the investigation is in progress.
Following information about Mattannavar’s appearance at the SIT office on May 7, a police officer from Dharmasthala police station issued a notice directing him to appear at the station within a week.
