NO MEANS NO, THE WORD NO DOES NOT NEED ANY FURTHER EXPLANATION - HIMACHAL PRADESH HC

6th May 2021

Justice Anoop Chitkara of Himachal Pradesh HC was hearing a Bail application of a 26 yr old man accused of raping a 17 yrs old girl.

FACTS

The victim was waiting for the bus; the accused, her friend, reached the said place and offered to drop her home. The victim boarded the vehicle; the accused took the Jeep to a secluded place and started inappropriately touching the victim. The girl said NO to him but instead, the accused forced himself upon her and raped her. On reaching home, she informed her mother and registered the FIR.

Arguments

Counsel for the accused argued that the victim was a friend of the accused, and her taking a lift in his vehicle further proved that the friendship was cordial and the sexual intercourse took place with active consent.

Decision

NO MEANS NO- These sentences have become the most difficult for some men to understand. No does not mean yes; it does not mean that the girl is shy, or she is asking a man to convince her, or that he has to keep pursuing her. The word NO does not need any further explanation or justification. It ends there, and the man has to stop. Hence, bail denied.

Author: Papiha Ghoshal