AUTHOR-AASHITA JAIN
In Rakesh B v. State of Karnataka the Karnataka high court has granted anticipatory bail to the rape accused due to the fact that women do not behaved like a ravished woman. The preposterous reasoning given by the Karnataka High Court while granting bail to the rape accused is not justified and it is not at all reasonable. The court has drafted a rule book that how a woman should react post rape .Just because the women slept and do not immediately report the incident to the police we can assume that she has not been raped ever? According to the researchers there cannot be any standard formula on how the women react after being raped.
Rape is a deathless shame it is the mortifying act which shakes the woman to the very core. A woman can be reluctant to report about this offence due to the stigma attached with this offence .She is scared that her reputation will be ruined if she comes forward and report about this heinous crime or she can be in a traumatic state after the incident that iswhy she is not able to report the incident.
In the case of Mohd. Ali v. State of U.P.,[ the apex court held that delay in lodging F.I.R in rape cases is not of much importance as a victim has to muster courage to come out in a conservative social milieu.But the Karnataka high court however didn’t consider any of these possibilities. The High court has failed to deliver justice by relying on stereotypes.
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