Rapists cannot tarnish image of victim,says city court

Throwing out the defence of an accused duo in a case of attempted rape,the judge further held that the manner in which a woman decided to live was not material for a court to debate upon when the accusations pertained to breaching her right to live with dignity.

Bhajanlal and Irfan were made to stand trial for the offence of attempting to rape the woman. As per the prosecution,the woman,who was waiting for a taxi on March 17,2004,was offered a lift by Bhajanlal near Raj Nagar in Ghaziabad.

Separated from her husband,the victim had gone to Ghaziabad court to meet her lawyers and it was dark by the time the meeting was over. She was reportedly staying at a guesthouse in Vivek Vihar.

After she agreed to sit in the car,Bhajanlal,a commercial driver,took the victim to a small eatery where Irfan joined him.

He subsequently drove the vehicle to a secluded place where the duo allegedly tried to rape her. According to the prosecution,they could not succeed as another vehicle came on the stretch and the victim raised alarm.

The two allegedly ran away. The accused,however,looted gold jewellery that the woman was wearing. Following the registration of an FIR,the duo was arrested and penal charges relating to attempt to rape and robbery were framed in August 2004.

As the trial proceeded,the counsel for the accused questioned the character of the woman and claimed that the criminal case was her trap to extort money.

The counsel also refered to the fact that she had a broken home and had been staying alone in the city to substantiate doubts over her virtue. The counsel sought to cross-examine the victim on the point of her antecedents and character.

ASJ Singh restrained the counsel from going ahead with her examination and said that the Indian Evidence Act was clear on the issue that a court could prohibit a lawyer to cross-examine a woman witness regarding her character.

Also discarding the counsel’s questions over the way she lived in Delhi,the judge held,“One cannot be allowed to question the lifestyle of an individual and the manner in which he or she wishes to live.”

Stating that the offence was grave in nature,ASJ Singh observed that no defence was available with an accused when a victim musters courage and comes out in the open against the person who tried to offend her right to live with dignity.

The court then convicted Bhajanlal,33,and Irfan,30,and sentenced them to rigorous imprisonment for five years each.

They have also been slapped with monetary penalty of Rs 20,000 each that shall be paid to the victim as compensation.