The Allahabad high court observed that being an MA student, the victim was competent enough to realise the “morality and significance of her act”
Weeks after a Allahabad high court judge drew ire for its observation that grabbing breasts or breaking string of a woman’s pyjama does not amount to rape or attempt to rape, another justice of the court has granted bail to a rape accused, saying that the victim ‘herself invited trouble and was responsible for the alleged act of rape’.
According to the victim, she had gone to a bar in Delhi along with three of her female friends and there they consumed alcohol. She claimed that they stayed there till 3 am and that she had gotten heavily intoxicated, a Live Law report said.
While she was at the bar, the accused allegedly kept persuading her to go with him to his house. Since she did need support due to her inebriated state, she agreed to go with him and rest.
‘Doctor didn’t give opinion about sexual assault’
Further, she alleged that the accused inappropriately touched on their journey and took her to his relative’s flat in Gurgaon instead of his own house in Noida. There, the accused allegedly raped her twice.
Justice Sanjay Kumar Singh, while allowing bail to the accused, observed, “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.”
The HC bench also said that the victim, as an MA student, was competent enough to realise the “morality and significance of her act” as disclosed by her in the FIR.
Notably, the accused had moved the high court to seek bail, with his counsel arguing that even if all the allegations are assumed true, it is not a case of rape but may be a case of consensual relationship between the two.
The counsel also argued that his client had been suffering in jail since December 2024, having no prior criminal record, adding that if he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Considering all the submission in the case, Justice Singh granted bail to the accused. While doing so, he observed, “Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out apt case for bail. Hence, the bail application is hereby allowed.”
