Bombay HC Judge  clarifies on her controversial comment referring to victim of sexual assault by her adoptive father

Bombay High Court: Justice Sadhna Jadhav had recently granted bail to a person accused of raping his adoptive daughter. While granting the bail, she gave the reason that the victim used to do ‘all the dirty things’ and she was ‘inherently abnormal’ and had ‘sexual instincts right from her childhood’ in paragraph 4 of the  order dated 16.01.2017 in Dominic Richards Rodrigues v. State of Maharashtra.

The State circulated the application for expunging the paragraph 4 of the judgment along with her clarification. The Judge clarified that it was not the finding recorded by the Court and that the reference to ‘dirty things’ was based on the two handwritten letters of the victim under title ‘My History’ and that is also the part and parcel of the charge-sheet. The Judge sought to observe presently that the victim is not responsible for the same or it does not specify her conduct. In pursuance of the same, the paragraph was expunged by presenting the above clarification. [Dominic Richard Rodrigues v. State of Maharashtra, Criminal Bail Application No. 708 of 2016,  order dated 09.02.2017]

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