The Supreme Court while acquitting three persons of rape charges ruled that a sex worker cannot lodge a sexual assault complaint against her customers if they refuse to pay. A bench of Justices Pinaki Chandra Ghose and Amitava Roy said that though the evidence given by a woman alleging rape must get importance from the trial court, but it could not be taken as “gospel truth”.
“The evidence of prosecutrix must be examined as that of an injured witness whose presence at the spot is probable but it can never be presumed that her statement should always, without exception, be taken as gospel truth,” the bench said.
This decision came on a 20-year-old case from Bengaluru where a woman, working as a maid, had leveled allegations on three people of rape, abduction and harassment. In the first decision in Karnataka court, they had been indicted and persecuted them. This was challenged by the three accused and after examining the witness again and again, SC said, “Her conduct during the alleged ordeal is also unlike a victim of rape and betrays somewhat submissive and consensual disposition.”
The woman’s roommate revealed all the facts and said the woman used to take financial help from the accused persons and, after completing her household work, used to indulge in prostitution at night. The roommate further told the court that the woman had approached the accused persons for Rs 1,000 which they declined to give.
When asked why she had lodged the complaint against the accused persons, the woman had said that it would have compelled them to pay the money she wanted.
The bench said, “This witness’s version is plausible, and thus, fits in with the defence plea to demolish the prosecution case.” Writing the judgment for the bench, Justice Roy said, “Her vengeful attitude in the facts and circumstances, as disclosed by her, if true, demonstrably evinces a conduct manifested by a feeling of frustration stoked by an intense feeling of deprivation of something expected, desired or promised.”
