The court noted that after lodging the FIR, when she was medically
examined by the doctors, she did not name her employer as the assaulter.
The court noted that after lodging the
FIR, when she was medically examined by the doctors, she did not name her
employer as the assaulter.
“No lady, who had been raped recently by
the employer, would again join him because it would send a clear signal to the
employer that she was ready and willing in that kind of activity. Such return
would definitely make believe an employer that the girl was desirous of
indulging in sexual activities with him,” Additional Sessions Judge Umed Singh
Grewal said.
The court said the woman, who was
allegedly raped in 2010, did not disclose the incident to any of her
acquaintances for a long time nor did she lodge an FIR for three months.
Besides saying that there was “no
explanation for the delay”, the court also observed that the woman, who had
continued working in the same house after the incident, did not fall in the
category of ‘sterling quality’ evidence.
The woman had again joined the duty after
one or two days.
According to the complaint, the victim
started working as a maid in a house in Rohini in November 2009. She was
employed through placement agency ‘Domestic Help Services’.
The woman alleged in her complaint that
after five or six days, she was allegedly raped by her employer’s father.
The victim ran away from their home on
March 14, 2010 and told her relatives about the incident after which the
accused was arrested on March 16 that year and subsequently an FIR was lodged.
However, according to the man, the woman
had left the house on March 14 without any prior information and later, he was
demanded Rs 5 lakhs for not being implicated in a false case.
The court noted that the woman had
sufficient opportunity to complain but she kept mum.
“This kind of cross examination shows
that she had sufficient opportunity to complain not only to placement agency
persons but also to the police that she had been raped. She had stepped out of
the house of the accused several times. But she kept mum not only to placement
agency persons but also to the police that she had been raped. She had stepped
out of the house of the accused several times. But she kept mum,” the court
noted.
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