No Means No, The Word No Does Not Need Any Further Explanation: Himachal Pradesh HC Denies Bail To Man Accused Of Raping Minor
Case: Suresh Kumar v. State of H.P.
Coram: Justice Anoop Chitkara
Case No: Cr.MP(M) No. 656 of 2021
Court Observation: “No does not mean yes, it does not mean that the girl is shy, it does not mean that the girl is asking a man to convince her, it does not mean that he has to keep pursuing her. The word NO doesn’t need any further explanation or justification. It ends there, and the man has to stop. Be that as it may, the victim, in this case, said no to the accused when he started touching her, but he continued. It nowhere implies consent, or zeal and desire to explore and feel each other in romantic love.”
“She would have kept it discreet because, as per her version, no one had noticed them. If the sexual act was with her will, she would not have told anyone about the same and tried to conceal the same. The victim voluntarily narrated the incident to her mother, prima facie points towards the genuineness of the incident. It would be correct to say that it was courageous for the victim girl to talk about the unfortunate incident to her mother and later come forward and report the same with the police.”
“When the curriculum does not include the proper sex education, the children raised by such societies fail the women time and again.”
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Keywords
Raping Minor, Himachal Pradesh HC
