Indian Court makes right decision on Rape....after appeal

Childress79 · Aug 29, 2008

India has a booming economy,with regard to womens rights however,they're a little behind us in the West.This is a very big court ruling here.

No licence to rape a woman who appears to be promiscuous: SC

Thu, Aug 28 09:16 PM

A woman who appears to be promiscuous in her sexual behaviour cannot be forced into a sexual relationship and nobody has a 'licence' to rape her, the Supreme Court has said.

"Even if the victim in a given case has been promiscuous in her sexual behaviour earlier, she has a right to refuse to submit herself to sexual intercourse to anyone and everyone because she is not a vulnerable object or prey for being sexually assaulted by anyone and everyone," the apex court observed.

"Even if it is hypothetically accepted that the victim had lost her virginity earlier, it did not and cannot in law give licence to any person to rape her," a Bench of Justices Arijit Pasayat and Mukundakam Sharma passed the observation while quashing the acquittal order passed by the Allahabad High Court in favour of a rape accused.

Though the trial court had convicted the accused Munshi and another person for the rape of a 17-year old woman, the High Court acquitted the accused persons on the ground that victim was promiscuous in her sexual behaviour and had already lost her virginity.

Aggrieved by the acquittal, Uttar Pradesh Government filed the SLP in the apex court.

Upholding the appeal, the apex court on perusal of the medical and other evidence said that even assuming that the victim was previously accustomed to sexual intercourse, the same cannot be a ground for disbelieving her testimony or convicting the accused.

"On the contrary, the question which was required to be adjudicated was did the accused commit rape on the victim on the occasion complained of. It is the accused who was on trial and not the victim," the Bench said.

The apex court said that a prosecutrix complaining of having been a victim of the offence of rape is not an accomplice of the crime.

"There is no rule of law that her testimony cannot be acted upon without corroboration in material particulars. She stands at a higher pedestal," the Bench observed.

Hence, the apex court directed the High Court to 're-hear' the matter.
Click to expand...

Carpy · Aug 29, 2008

You know the scary thing here. I read the title as "Indiana", not India, and didn't find the story far-fetched.

titanbuoy · Aug 29, 2008

Hello India. Welcome to the 21st century )

"prosecutrix"... much cooler than plaintiff

vslyke · Aug 30, 2008

Wow. That's crazy.

SEC 330 BIPOLAR · Aug 30, 2008

whatever... she was asking for it.

whutaboutGump · Sep 2, 2008

I thought that I read some where recently that 5 women were put to death recently? They refused to allow someone else to pick who they would marry, instead they wanted to make up their own mind.

TitanJeff · Sep 2, 2008

I read that in the paper yesterday. They wanted to choose their own mate. They were shot and buried alive.

Good ole Pakistan.
http://www.independent.co.uk/news/w...-alive-in-pakistan-honour-killing-915714.html

Indian Court makes right decision on Rape....after appeal

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Indian Court makes right decision on Rape....after appeal

Childress79 Loungefly ®

Carpy Disgruntled foreign veteran

titanbuoy medium rare ®

vslyke In Dinger We Trust

SEC 330 BIPOLAR jive turkey

whutaboutGump Naw mean?

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