The observation was expunged after the state government filed a petition stating that it would hurt the probe.
The observation was expunged after the state government filed a petition stating that it would hurt the probe.

Karnataka HC expunges judge's controversial remarks in rape case

Justice Krishna Dixit had stated that it is unbecoming of Indian women to fall asleep after rape. The observation earned him severe flak.

The Karnataka High Court’s Justice Krishna S Dixit on Friday expunged his observations made in a bail order in a rape case after the state government filed a petition requesting the same while stating that the court’s observation would affect the probe adversely.

Justice Krishna Dixit had observed in a bail order granted on June 17 that it was “unbecoming of a woman to fall asleep after rape”. Justice Krishna Dixit was hearing a rape case of a 42-year-old HR manager, where the woman is said to have fallen asleep after the incident of rape occurred. The woman had filed a complaint with the Rajarajeshwari Nagar Police and an FIR was registered under sections 376 (rape), 420 (cheating) and 506 (criminal intimidation) of the Indian Penal Code as well as Section 66-B of Information Technology Act 2000.

“The explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman; that is not the way our women react when they are ravished,” Justice Krishna Dixit had observed. 

His remark had drawn criticism from lawyers, activists and journalists across the country. The state government later filed a petition requesting that the four sentences in the bail order be expunged as it could adversely affect the investigation. 

“Taking note of the contents of respondent-State’s application which is supported by the accompanying affidavit and also the No Objection tendered by the petitioner-accused thereto, I deem it appropriate to expunge the last four lines occurring in para No. 3(c) at page 4 of the subject judgment dated 22-06-2020, as sought for at para 5 of the said Application, the rest having been retained intact,” Deccan Herald quoted Justice Krishna Dixit’s order passed on Friday. 

According to TOI, Justice Krishna Dixit also observed on Friday that his earlier observation in that bail order would not affect the investigation in any way. 

“It hardly needs to be stated that the observations made by this court in the subject judgment being confined to consideration and disposal of the bail petition shall not influence in any way investigation of the offences alleged and the likely trial thereof,” TOI quoted Justice Krishna as saying.

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