Page 26 - January 2020 IIssue new year

Changing Facets Of Sexual Offences - An Indian Outlook

woman and her relatives her evidence. The attitude

This attitude became only have to struggle with towards women who have B
too evident by the various several situation before been raped undoubtedly R

decisions of the Hon’ble a deciding to approach deters many victims from O
W
Courts as in the case of the police, more so when reporting their assault. A
Raju Vs. State of Karna- the culprit happens to be Whether the victim con-

taka, 1994 (1) SCC 0453 relative.” The Hon’ble ceals the rape of confronts R
better known as Hassan Supreme Court, set-aside the community with it, she D

Case, the Hon’ble Su- the acquittal order passed is affected by the social U
preme Court, centered its by the High Court and re- implications of her in- N
decision on the concept of stored the order of convic- volvement in such a sor-

“victim-precipitated rape”, tion and sentence awarded did. I
a concept in which the by the trial court. V

victim is regarded as the In a recent judgment i.e. E
R
cause of the crime often Distrust of rape com- Delhi Domestic Work- S
on such flimsy grounds as plaints stems from the ing Women’s Union vs.

the alleged provocation of ease with which rape al- Union of India, 1995 (1) I
her attire, or past sexual. legations can be made. SCC 0014, the Hon’ble T

There seems to be no Supreme Court has ana- Y
In State of Rajasthan Vs. reciprocal distrust stem- lyzed the defects of the 2
Narayan 1992 (3) SCC ming from the ease with existing system. Firstly,

615, the Hon’ble Supreme which they can be de- complaints are handled are 0
Court however observed nied and nearly always handled roughly and are 2

that, even if there has been are. When a rapist leaves not given such attention 0
a delay of two to three few physical scars on his as is warranted. The vic-
days in lodging the crimi- victim, he usually claims tims, are humiliated by the

nal complaint such delay in court that prosecutrix police. The victims have
is usual as in the “Indian is lying, the allegations invariably found rape tri-

Society, being what it are false and that there als a traumatic experience.
is, the victims of such a was consent. The manner The experience of giving
crime ordinarily consult in which trials are con- evidence in court has been

relatives and are hesitant ducted, gives the accused negative and destructive.
to approach the police ample scope for showing The victims often say,

since if involves the ques- that the woman’s behav- they considered the ordeal
tion of virtue and chastity iour was provocative and to be even worse than the
of a married woman. A to cast sufficient doubt on rape itself. Undoubtedly

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