High Court said, violation of woman's right to dignity and privacy is wrong. Awakening
Law correspondent, Jagran, Prayagraj. Allahabad High Court has expressed deep displeasure over the advocate's comment on the character of the rape victim. In the court, an attempt was made to describe the victim as addicted to blackmail, on which the court reprimanded the advocate and warned her to exercise restraint and caution while presenting arguments before the court.
Terming his behavior as clearly inappropriate and against the established rules of advocacy, he said that there is no illegality in the cognizance order. The court rejected the appeal. Hearing the appeal of Bechan Prasad of Siddharthnagar, Justice Anil Kumar Dasham said that filing such pleas, which contain defamatory allegations questioning the character and dignity of a woman, is a violation of the woman's right to dignity and privacy under Article 21 of the Constitution of India. Such arguments are completely unbecoming of a lawyer.
The victim had filed a case against Bechan Prasad under Section 376 of the IPC and SCST Act, on which the police filed a charge sheet and the trial court took cognizance of it. The cognizance order and charge sheet were challenged in the High Court. The prosecution said that the victim, a married woman, went to the appellant's clinic for treatment, where on the pretext of giving her medicine, the appellant gave her a sleeping pill and raped her.
The counsel for the appellant argued that the victim was in the habit of blackmailing people to extort money. To support his argument, the counsel for the accused submitted affidavits of five persons who alleged that the victim was a 'woman of easy character'.
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The AGA said that the victim has supported the prosecution in her statement. It was argued that the charge sheet was submitted on the basis of legally collected evidence and there was no illegality in the order taking cognizance. Does not suffer from any illegality.
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