SC acquits rape convict

The Supreme Court while acquitting a rape convict, has said that the victim seemed to be a woman of easy virtue.

A bench comprising Justices Mukundakan Sharma and B S Chauhan while holding that the prosecution had failed to prove its case beyond reasonable doubt also noted, ‘the complainant appears to be a lady used to sexual intercourse and a dissolute lady.

She had no objection in mixing up and having free movement with any of her known persons for enjoyment.’ Writing the judgment for the bench, Justice Chauhan also said, ‘thus, she appeared to be a woman of easy virtue.’ The judgment has also revealed the identity of the rape victim despite several rulings of the Supreme Court that the identity of sex crime victims shall be kept secret keeping in view the object of saving them from social ostracism, under Section 228-A IPC which has been enacted in this regard.

The victim had claimed to be a minor aged 13 years at the time of the offence on January 7, 1995. However, the doctor disputed her claim of age and claimed that she was 18 years old.

The accused was held guilty of the crime by the trial court.

Gauhati High Court upheld the conviction of Musauddin Ahmed.

The apex court, however, allowed the appeal by the convict and set aside the judgment of the High Court.

The Court while acquitting the appellant, pointed an accusing finger at the shoddy investigation by the Kamrup Police in Assam.

In an earlier case, the Supreme Court had reduced the sentence of a police personnel in a rape case holding that the victim was a lady of easy virtue. The judgment was widely criticised and disapproved by the public as well as by the media and the question was raised ‘can a woman, even if she is a prostitute, be subjected to rape or sexual assault against her will?’