Acquittal of rapists on weird grounds will set bad precedents
Two recent judgments on rape by two High Courts-Delhi and Punjab and Haryana- have sent shock waves in the large section of the society. Both judgments are related to the acquittal of accused persons. While in the judgment of the Delhi High Court, the Judge has coined a new terminology of “feeble no”, which does not exist anywhere either in the substantive or procedural law. The High Court has said while acquitting a filmmaker Mahmood Faruqi that the “the traditional model that says, ‘yes is yes’ and ‘no is no’ cannot be accepted universally”. The judgement further elaborates that ‘in certain cases, there can be affirmative consent or a positive denial but it may remain underlying/dormant which could lead to confusion in mind of others’. This is a convoluted logic, which defeats the very essence of criminal jurisprudence. If a man has forced upon the victim against her will even if she has not yelled or screamed for fear of death or decapitation of her body or limb ca