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'Delay in reporting rape doesn't mean the woman is lying'

'Delay in reporting rape doesn't mean the woman is lying'

Apr 07, 2018
06:47 pm

What's the story

In a judgement that could boost the morale of countless women across India, the Bombay High Court has ruled that delay in immediate reporting of a sexual assault doesn't mean the victim is lying. Saying that it's rare for Indian women to make such false allegations, Justice AM Badar upheld the conviction of four men for gang-raping a woman in 2012. Here's more.

Backstory

The four men were awarded 10 years jail in 2013

The Bombay HC dismissed the appeals of Dattatraya Korde, Ganesh Pardeshi, Pintu Khoskar and Ganesh Zole, convicted of gang-raping a woman and beating her male friend on March 15, 2012, as the two were returning from Nashik's Trimbakeshwar. In April 2013, a sessions court had found them guilty of all the charges and awarded them 10 years jail, reported PTI.

Defense

Convicts allege they have been framed

According to the convicts, they had been framed for rapping the victim and her friend over indecent behavior as they had seen them in a compromising position. They also accused the victim of lying since she lodged the FIR two days after the alleged incident. Moreover, the woman's medical exam ruled out rape too as no injury marks were found on her body.

Ruling

Absence of injuries doesn't mean there was no sexual assault

The HC, however, upheld the conviction, saying "rarely will a girl/woman in India make false sexual-assault allegations." "She had fear of being looked down upon by the society. Overpowered by shame on being gang-raped, her not approaching a police station immediately cannot throw doubt on her version," Badar said. He also dismissed "minor discrepancies" like delay in lodging complaint or no injury marks.