Mumbai, Sept 26: Pulling up the people who use relations to play their dirty tricks, the Bombay High Court has said that if a woman has a boyfriend that does not permit another man to sexually assault her.
Justice A M Badar rejected the bail appeal of a man found guilty under the Prevention Of Children from Sexual Offences (POCSO) Act for repeatedly raping his minor niece in the last week HC order.
The court rejected the convict’s victim-shaming attempt that the woman has had “two boyfriends with whom she had sexual relations”.
“A woman might be of easy virtue but that does not mean that all and sundry can take advantage of this fact. She has a right to say no,” Justice Badar said. The judge rapped him saying that even if a victim has two boyfriends, an individual is not authorised to commit penetrative sexual assault on her.
Badar pointed out the victim had not attained the age of consent at the time of the assault, saying “she has categorically stated in her cross-examination that the applicant had repeatedly sexually assaulted her.”
The convict hailing from Nashik was sentenced by a POCSO court in 2016 to a 10-year jail term. He later knocked at the court seeking bail stating he was the sole breadwinner for his family.
He had argued that the victim did not complain at the time of the said incident. This proves the incident did not take place, he said.
Justice Badar, however, rejected his arguments and held that unavailability of another earning member in the family was not a relevant ground for the suspension of the sentence. The judge denied him bail as he said the offence in question is a serious one and due trial has also proven the same.