"It is these false cases which ten d to trivialise the offences of rape and undermine its gravity. A girl of this age group, even if belonging to a rural area, cannot be believed not to know how marriage is performed or what the essential ceremonies of a marriage are. I am unable to countenance the argument."
The man, in collusion with his brother, had taken pictures of the woman in compromising positions and used them to blackmail her. The woman complained that the man promised her he would marry her in January 2009. He took her to a hotel in Jammu, applied vermillion on her forehead and had sexual intercourse with her. They stayed in the hotel for a week during which, she alleged, he had forcible sexual intercourse with her.
Senior Supreme court counsel Aparna Bhat criticized the judge's observations and said: "A judge has to be more responsible. His personal opinion must not creep into a case and instead he must stick to the merits of the matter. the law states that in cases of rape, the woman is not to be demeaned and her character is in no way to be questioned."
Says senior advocate Pinky Anand: "It was not for the court to demean the woman in question, and to delve into what a woman in general should do or not do. In a rape case, such statements are scary and we must tread carefully so that wrong message does not go out to society."
