Kerala sexual abuse case: Law lenient on act of self-defence
The woman was the first to accuse that Swami Gangeshananda had been sexually abusing her for the past eight years.
Thiruvananthapuram: Legal experts believe that the case against a sexual abuse victim who allegedly bobbitised a godman might not stand in a court of law.
As per the exemptions under section 100 of the Indian Penal Code (IPC), individuals have the right of private defence of the body that can extend to even causing a death.
Individuals can defend themselves against an aggressor who attempts to murder, hurt, rape, kidnap or unlawfully confine them.
“As per media reports, during the course of transactions, she made an attempt to defend herself against the man. She was previously sexually abused by the man. Hence it is an act of sexual abuse and can be exempted from punishment,” said senior lawyer Cherunniyoor P. Sasidharan Nair.
The woman was the first to accuse that Swami Gangeshananda had been sexually abusing her for the past eight years.
Police registered this case under Protection of Children from Sexual Offences Act (POCSO) earlier in the day. A magistrate recorded her statement in the evening. The contradictory statements by the godman, who first said he had himself committed the act, will also make his case weak, experts said.