Trigger Warning: This post contains the detail about Child Sexual Assault. Readers’ discretion required.
In recent times, the regressive rulings by the Bombay High court left many netizens disappointed. From ruling about groping a minor’s breast without skin to skin contact, holding a girl’s hands, or unzipping the pants isn’t considered as sexual assault in the POCSO act.
Now, sadly one more ruling by the same judge surfaced over the internet, which once again initiated the debate on the internet.
On January 17, the Nagpur bench of the Bombay High Court heard the case of 26-year-old Suraj Kasarkar who had challenged his rape conviction (and sentence of 10 years of rigorous imprisonment) by a sessions court. During this appeal, the accused claimed that the intercourse with the 15-year-old victim was consensual and she was “habituated to sexual acts”.
While sharing the details, The Times of India quoted Justice Pushpa Ganediwala,
“It seems highly impossible for a single man to gag a survivor’s mouth, remove her and his clothes, and perform the forcible sexual act without any scuffle. Had it been a case of forcible intercourse, there would have been a scuffle. Medical evidence also doesn’t support the survivor’s case as no injuries from a scuffle could be seen.”
Finally, the court acquitted the man convicted under POCSO Act. As per the court ruling:
“The defence of consensual physical relations does appear probable. The accused could bring on record the probable doubt with regard to consensual relation. The girl admitted that she wouldn’t have lodged a complaint if her mother hadn’t arrived.”
“The sole testimony of the prosecutrix in rape cases is sufficient to fix criminal liability against the accused. However, considering the substandard quality of the girl’s testimony, it would be a grave injustice to send the petitioner behind bars for 10 years. The prosecution miserably failed to fix criminal liability of rape against him by criminal trespassing in the survivor’s house.”
The judgment sparked a discussion online about the acquittal.
This is not a comment on the evidence submitted in this particular case. But what generally worries me is the thought that
— Rituparna Chatterjee (@MasalaBai) January 29, 2021
1. it’s not rape if there’s no scuffle.
2. a man cannot overpower a girl/woman by himself
3. prior sexual experience is used against her claim pic.twitter.com/1DoPNZHxLw
The burden of proof, sadly, keeps on increasing
— Apurv Nagpal (@apurvnagpal) January 29, 2021
The person may not have put up a fight due to fear of injury
What’s wrong with Bombay HC? Stooping to new lows everyday???? It’s a 15 year old girl ffs. Isn’t it a rape irrespective of consent or scuffle? https://t.co/hTMOHcCYjP
— Shrinking Violet (@wingsthatswim) January 29, 2021
She is the judge who said
— VVikraam SSaxena ✋ विक्रम सक्सेना وکرم سکسینا (@avsviks) January 29, 2021
– Skin to Skin
– Squeezing breast of 12 yr old not a sexual offense
– opening zip in front on a minor holding his hand is not sexual offense …
And now this..
We are moving backwards, by decades
— Dr. Gobbledyspook (@gobbledyspook) January 29, 2021
Gut wrenching, coming from HC.#POCSOAct itself emerged post research showing over 53% children experience some form of sexual abuse, & perpetrators often are known people – someone trusted.
— Nikita Patodia (@NikitaPatodia) January 29, 2021
Such (Mis)judgements have immense reversal effect of tiny specs of progress in narratives https://t.co/wcIEqpJcFv
While the judge’s other two judgements seem strange, this one might be given the benefit of doubt. Most rape cases in India are filed after consensual relationships sour. This may be one such case. Maybe.
— விகடகவி (@curioserian) January 29, 2021
Don’t forget to let us know what do you think about this judgment!
