RAPE SURVIVOR HABITUATED TO SEXUAL INTERCOURSE OR BEING OF EASY VIRTUE NOT GROUNDS TO ABSOLVE ACCUSED: KERALA HIGH COURT • The Court was dealing with the case of a 16-year-old girl, whose father had subjected her to repeated sexual assaults which led to her becoming pregnant and delivering his child. • The Kerala High Court recently held that a rape survivor's sexual history is immaterial in a rape case and will have no bearing on the credibility of testimony of such survivor (Unnikrishnan v. State of Kerala). • Single Judge Justice R Narayana Pisharadi held that a rape survivor being habituated to sexual intercourse or being "a girl of easy virtue" would not be grounds to absolve an accused of rape charges. • “It is the accused who is on trial and not the victim.” Kerala High Court. • The Court went on to assert that the evidence given by the survivor need not be viewed with the same amount of suspicion as that of the accused. • The Court commented on the heinousness of such crimes where protector turns predator. • Upon consideration of the offences proved in the case, the Court allowed the appeal in part by upholding the conviction under Section 376(1) IPC and set aside the conviction under the POCSO Act and Section 506(ii) IPC. It sentenced the accused to 12 years rigorous imprisonment and fine of ₹50, 000. Reddy & amp; Reddy Law Firm is having team of advocates and will help you in all criminal Disputes.