'No Does Not Mean Yes': Himachal Pradesh HC Refuses Bail To Rape Accused
"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," the judge said.
"NO MEANS NO- The simplest of sentences have become the most difficult for some men to understand" observed the Himachal Pradesh High Court on Wednesday while rejecting the bail application filed by a man accused of raping a 17-year-old.
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Court's judgment
"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," the single-judge Justice Anoop Chitkara ruled in the remarkable judgment.
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When a woman says no, the man has to stop, Justice Anoop Chitkara said adding that this simple word has become the most difficult for some men to understand. The Court, therefore, rejected the bail application of a 26-year-old man accused of raping a minor.
The Court in its judgment further raised concern that in the absence of a proper curriculum for sex education, society is failing women time and again.
The survivor, in this case, had stated that she had explicitly said no when the accused had started touching her inappropriately. The simplest of sentences, "no means no" has become difficult for some men to understand, the Court remarked.
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The rape case
The counsel for the accused had asserted that the victim herself had disclosed that she was friends with the accused. Therefore, if any sexual intercourse had taken place, it was with the active consent of the victim.
The court, however, disagreed. On 17th December 2020, Kumar picked up the minor girl, who was also his friend, in his vehicle by offering to drop her to her house. However, he changed the way and started touching her inappropriately. While the girl said NO to him, he threatened the victim that if she started to cry, he will force himself upon her. Kumar then asked if she would marry him to which the victim responded with a no. Thereafter, he undressed her and rape her.
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On reaching home, the victim narrated the whole incident to her mother, based on which the FIR was registered against Kumar by the Police.
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