Kochi: "A woman's experiences of sexual assault are not a reflection of her character but rather an indication of her suffering. Attempts to blame a woman for speaking out may be a strategy to silence her, which is hostile to the supremacy of the law," the high court stated.
The bench of Justice C S Dias made these observations while considering the anticipatory bail plea of actor
Siddique.
The petitioner had portrayed the survivor as an outspoken and vociferous woman who, through a Facebook post, allegedly made unsubstantiated accusations against 14 men, thereby questioning the credibility of her complaint. The bench reminded that such submissions are unwarranted and reflect an uncharitable view of the survivor's circumstances. The core issue is whether the petitioner has prima facie committed the alleged offences and whether he is entitled to pre-arrest bail.
In his petition, Siddique argued that the survivor had made allegations against 14 individuals, including himself, to humiliate them through her Facebook posts, which also contained the hashtag ‘
Me Too.' He claimed this was an attempt to blackmail him.
Furthermore, Siddique pointed out that the survivor's 2019 Facebook post against him did not mention the sexual assault alleged in the current complaint. He also noted the absence of specific details, such as the date and time of the alleged incident, casting doubt on the accusation. Additionally, Siddique argued that since there was no allegation of sexual intercourse, the offence under Section 375 of the IPC would not apply.
Reviewing the contentions, the court cited several Supreme Court decisions on delays in filing sexual assault complaints, stating that such delays cannot be considered at the preliminary stage and require detailed examination at trial. The court further noted that a preliminary examination of the allegations suggests that the petitioner has, prima facie, committed the offence.
Before concluding, the bench quoted the Supreme Court's observations in the ‘Bilkis Yakub Rasool case': "A woman deserves respect, howsoever high or low she may otherwise be considered in society, or to whatever faith or creed she may belong."