No self-respecting woman would normally concoct a story of rape: Jammu & Kashmir and Ladakh High Court

The High Court of Jammu & Kashmir and Ladakh recently noted that violent crimes against women and children are on the rise, and therefore, courts should not show any leniency to persons booked for such crimes [Sunil Kumar v. UT of J&K].

Justice Mohan Lal denied bail to a man who has been in jail since June 2021 for raping the 10-year-old daughter of his neighbour. In its order, the Court said that no woman would put her character at risk by falsely implicating a man for raping her own minor daughter.

"...rape is the most hated crime in the society which leaves a scar upon the most cherished personality of a victim, and, therefore, no self-respecting woman would normally concoct a story of rape," the order stated.

The Bench added that leniency in matters involving sexual offences is not only undesirable, but is also against public interest.

"Courts cannot loose sight of the fact that crime of violence upon women and minor children are on increase and therefore the perpetrators of the crime must be dealt with iron hands...Showing leniency in such matters would be really a case of misplaced sympathy. The act of accused is not only shocking, but outrageous in contours. Granting of bail to him would lead to the danger of the course of justice being thwarted..."

Such an act leaves an indelible scar on the victim's dignity, chastity, honour and reputation in society, and granting the accused bail would shake the confidence of the people at large, the judge opined.

The victim was raped by the accused while she was filling water from a tap in her locality. He had threatened her not to disclose the same to anyone. However, she narrated her ordeal to her parents a week after the incident, following which the accused was arrested. He was charged under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) Act.

The accused claimed that he was falsely implicated by the family of the victim as the two families were at loggerheads over a civil matter pertaining to the passage outside their homes.

The Court said that rape leaves a permanent scar on the most cherished possession of a woman and has a serious psychological impact on the victim and her family.

"The prosecutrix would not therefore, have concocted story of rape against the accused to falsely implicate him by putting her honour, character, reputation and her future marriage prospects on stake in the society," the judge opined.

In its order, the Court noted that the offences alleged against the accused would attract imprisonment till the remainder of his natural life or a jail term not less than 20 years.

"More severe the punishment is, more are the chances of the accused to abscond during to the trial or flee from justice if released on bail. There is every danger that he will abscond or flee during trial if enlarged on bail," the Court said while denying bail to the accused.

Advocate Pawan K Kundal appeared for the accused. Government Advocate Suraj Singh represented the State.

[Read order]