KOCHI: The state government on Monday informed the Kerala High Court that the observation made by the Sessions Court, Kozhikode, while granting bail to writer Civic Chandran, accused in the sexual assault case, that the victim was wearing sexually provocative dress is illegal.
A victims’s sexually provocative dressing cannot be construed as a legal ground for absolving an accused from the charge of outraging the modesty of a woman, the state stated in the petition seeking to cancel the bail granted to Chandran in the second case registered by the police.
The prosecution stated, on February 8, 2020, there was a cultural camp “Nilanadatham” in Kadal Veedu on Nandi beach. After the function, while the complainant was resting, the accused forcefully embraced and outraged the modesty of the victim.
The case was registered on July 29, 2022, and she clearly stated that the delay occurred due to fear and shame. While granting bail, the Sessions Court relied heavily on certain pictures of the victim published on social media and observed that she was wearing sexually provocative dress. Hence, Section 354 A will not prima facie stand against the accused, the Sessions Court had observed.
The Supreme Court had held that discussion about the dress, behaviour or past ‘conduct’ of the victim should not enter the verdict while granting bail to the accused. The Sessions judge’s observation amounts to judicial indiscipline and is liable to be expunged, the prosecution stated.