HC expunges remarks on rape victim

The Karnataka High Court has expunged the remarks on a complainant in a rape case. Justice Krishna S Dixit passed an order in this regard based on an application moved by the state government.

"Taking note of the contents of respondent-State’s application which is supported by the accompanying affidavit and also the No Objection tendered by the petitioner-accused thereto, I deem it appropriate to expunge the last four lines occurring in para No. 3(c) at page 4 of the subject judgment dated 22-06-2020, as sought for at para 5 of the said Application, the rest having been retained intact.’’ the order stated.

In the order passed on June 22, 2020 while granting advance bail on the application moved by the accused in the case, the judge had remarked, "The explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman; that is not the way our women react when they are ravished."

Several women rights activists had taken objection to the remark. Several organisations had posted open letters on social media calling upon the higher echelons of the judiciary to expunge the remark.

In the order expunging the remarks, the bench also clarified that the observations of the court shall not influence the investigation. "It hardly needs to be stated that the observations made by this court in the subject judgment being confined to consideration and disposal of the bail petition, shall not influence in any way the investigation of the offences alleged and the likely trial thereof."