Courts Should Act As Lord Krishna of Mahabharatha To Protect The Safety Of Women, Says Karnataka HC While Dismissing Rape Convict's Appeal [Read Judgment]

Court cannot act like a mute spectator to allow injustice being done to the women for generations to generations, remarked the High Court of Karnataka while dismissing an appeal filed by rape convict accused of raping a sixty nine year old women.

The Division Bench headed by Justice B. Veerappa observed that the Courts should act as Lord Shri Krishna of Mahabharatha to protect in order to protect safety of women.

Referring to a verse from Srimad Bhagavad Gita, the bench, also comprising Justice ES Indiresh, observed:

"Though Indian Penal Code was enacted by Act 45 of 1860, and even after lapse of 74 years of independence, still women is not safe in the hands of violators of law. Now time warrants that the Court should act as guardians and protect Dharma in order to protect the safety of women, as contemplated under Article 21 of the Constitution of India and deal with the violators including rapists sternly and severely with iron hands and Courts should act as Lord Shri Krishna of Mahabharatha to protect Dharma."

The court, while considering the evidence on record and the confessional statement made by the accused, observed that the act of sexual attack on an aged woman by the accused is like a "cruel animal." How the accused who is similar to the age of grandsons of the victim thought of having sex with the victim without caring for her age of 69 years is un-understandable, the court said. While dismissing his appeal, the bench further observed:

"It is relevant to state at this stage that, "Rape is violative of the victim's fundamental right under Article 21 of the Constitution of India". Therefore, the "Courts should deal with such cases sternly and severely". "Sexual violence, apart from being a dehumanizing act, is an unlawful intrusion on the right of privacy and sanctity of a woman". "It is a serious blow to her supreme honour and offends her self-esteem and dignity as well". "It degrades and humiliates the victim and leaves behind a traumatic experience". "A rapist not only causes physical injuries, but, leaves behind a scar on the most cherished position of a woman, i.e., her dignity, honour, reputation and chastity". Rape is not only an offence against the person of a woman, rather a crime against the entire society. It is a crime against basic human rights and also violates the most cherished fundamental right guaranteed under Article 21 of the Constitution of India.The accused found guilty of committing rape on prosecutrix ignoring her advanced age, to satisfy his lust. "A woman's body is not a man's play thing and he cannot take advantage of it in order to satisfy his lust, and the Society will not tolerate such things anymore".

Observing thus, the bench dismissed the appeal and upheld the sentence including rigorous imprisonment for seven years imposed on the convict.

Case name: Nagesh vs. State of Karnataka

Case no.: CRIMINAL APPEAL No.397/2015

Coram: Justices B. Veerappa and ES Indiresh

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