New Delhi: Justice Sanjay Kumar Singh of the Allahabad High Court granted bail to a rape accused saying the victim, a postgraduate student, had “invited trouble” and so was “responsible” for what happened. The victim had alleged that she was raped by the accused in Delhi last year.
While allowing the bail application of the accused, Justice Singh last month said, “Victim is student of M.A., hence she was competent enough to understand the morality and significance of her act as disclosed by her in the FIR. This court is of the view that even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same.”
“Similar stand has been taken by the victim in her statement. In her medical examination, her hymen was found torn, but doctor did not give any opinion about the sexual assault.”
In the order dated 11 March, Justice Singh held that the accused be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.
The main argument presented by the accused’s counsel is that, based on the victim’s own statement, she is a “consenting adult” living in a postgraduate (PG) hostel.
On 21 September 2024, the victim “voluntarily” went, with her male and female friends, to The Record Room Bar Restaurant in Delhi, where she became heavily intoxicated. The group remained at the bar until 3 am, after which, needing assistance, she agreed to go to the accused’s residence “to rest”, according to the defence.
However, she alleged that she was instead taken to a relative’s flat by the accused and raped twice. His counsel alleged that this allegation was “false and against the evidence on record”.
The victim lodged a complaint at the police station in Sector 126, Gautam Buddha Nagar on 23 September last year.
The counsel for the accused further alleged that, given the victim’s own account, the situation appears to be one of a consensual relationship rather than rape. Additionally, it is emphasised that the applicant posed no risk of fleeing or interfering with the investigation and had been in custody since 11 December 2024.
In a separate case in January this year, Justice Singh, while granting bail to a man accused of rape, criminal intimidation, and breach of trust, said, “No doubt in the matter of rape, the statement of the prosecutrix should be given primary consideration, but at the same time, it should also be kept in mind that nowadays there can be no presumption that in all the matters, prosecutrix would always tell the entire story truthfully.”
In this case, the victim said the man used the false promises of marriage and a government job to rape her repeatedly and deceive her financially. The single-bench of Justice Sanjay Kumar Singh observed that the victim “allowed herself to be sexually misused by the applicant giving consent of the same”.
Ruchi Bhattar is an intern at the ThePrint.
(Edited by Sanya Mathur)
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