A rape victim who had approached the Bombay high court seeking to drop a case against the accused, as she feared that going ahead with the case would harm her career and marriage proposals, on Wednesd
A rape victim who had approached the Bombay high court seeking to drop a case against the accused, as she feared that going ahead with the case would harm her career and marriage proposals, on Wednesday withdrew her application.
The accused had sought a court order for the quashing of the FIR contending that the complainant did not “wish” to pursue the matter further; however the court had granted time to the woman to re-think her decision and had kept this matter for further hearing on Wednesday when the application was withdrawn.
When the petition had come up for hearing for the first time on Monday the court had expressed displeasure over it. The court was of the view that such a practice could be a “threat to the society”. The bench had also questioned the attitude of the complainant.
The court was informed that the complainant, a final year MBBS student, knew the accused from school. It is alleged that the accused called her to his house in Eksar Gaon on May 21, 2014, and raped her. An FIR was filed at the MHB Colony police station that day. A month later, complainant’s father wrote to the police, stating that the family did not want to go ahead with the case. Subsequently, the police filed a chargesheet in the case. However, recently the woman filed the petition in HC saying she wanted the case against the accused to be dropped.
The bench, however, had said that rape is an unconscionable offence against society at large. It had also asked if there could be a settlement in a rape case just because the victim does not want to pursue the complaint.
Justice A. S. Oka had said that it (allowing prayer) would lead to disastrous and dangerous consequences.
The HC said the moment it allows such a plea; a flood of such petitions may be filed. In genuine cases the accused may threaten and pressurise a victim to withdraw the case. There is also a danger that it would be easy to file a false case and ruin someone’s life. The complainant can then come to court and say she does not wish to pursue the complaint. “Both scenarios are unacceptable in law,” the judge said granting time to complainant to rethink her decision.
