The Karnataka HC Expunges Controversial and Misogynistic Remarks About Women’s Conduct From a Bail Order In a Rape Case

The Karnataka HC Expunges Controversial and Misogynistic Remarks About Women’s Conduct From a Bail Order In a Rape Case

Pranjal Sharma | Symbiosis Law School, Hyderabad | 5th July 2020

Sri Rakesh B Verses State of Karnataka

In the present case accused was the employer of the respondent and had alleged developed sexual relationship with her of a false pretext of marriage. The defendant on an alleged night was called to the office during late hours and was raped by the petitioner. The accused is currently charged of Section 375 (sexual assault), 420 (cheating), 506 (criminal intimidation) and Section 66-B of Information Technology Act,2000.    

On an order passed on the June of 22nd of 2020, while granting bail to the accused in a rape case, Justice Krishna S Dixit, Karnataka High Court had made an extremely controversial statement. His remark was “it is unbecoming of Indian women; that is not the way our women react when they are ravished” to the explanation provided by the complainant that she was tired after the alleged incident took place and fell asleep.

The above comment was widely criticised over by a group of activists, academicians, news media, print and social media as highly misogynistic and patriarchal in nature.

The court allowed the application of the petitioner seeking to expunge the remarks made by the court on grounds that such observations could result in creating an adverse impact on the pending investigation.

The court on its order dated on the 1st of July 2020, stated that it had taken the notes of the contents of the respondents/state’s application in which the affidavit and no objection of petitioner-accused was also attached and decided that it would be “appropriate to expunge the last four lines occurring in para No.3(c) at page 4 of the subject judgement dated 22.06.2020, as sought for at para 5 of the said application, rest having been retained intact.”

The court also said that it is to be made sure that the observations made by the current judgement should not influence the investigation of the offence in any manner.

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LexForti Legal News and Journal offer access to a wide array of legal knowledge through the Daily Legal News segment of our Website. It provides the readers with the latest case laws in layman terms. Our Legal Journal contains a vast assortment of resources that helps in understanding contemporary legal issues.

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