The Allahabad High Court.
Credit: PTI File Photo
Lucknow: A judge of the Allahabad High Court recently granted bail to a rape accused stating that the victim ‘’herself invited the trouble and was also responsible for the same’’.
This judgement comes weeks after Allahabad High Court observed that ‘’grabbing the breasts and breaking the string of the pyjama are not enough for pressing charge of attempt to rape and that they only constitute preparation’. This was later stayed by the Supreme Court.
This observation was made by a single bench comprising Justice Sanjay Kumar Singh on a petition moved by the accused seeking bail in a case of rape registered against him in Gautam Buddh Nagar district last year.
‘’The main substratum of argument of applicant is that she is major girl and she resides in PG Hostel.
"She, on her own volition, along with her girl friends and their male friends went to the Record Room Bar Restaurant, where she drank alcohol together, due to which she became very intoxicated,’’, the court said.
‘’She along with her associates stayed in the bar till 3 o'clock, since she needed support, therefore, she herself agreed to go to the house of the applicant and take rest.
"The allegation of the victim that applicant instead of his house took her to his relative's flat and raped her twice is false and against the evidence on record,’’ it said.
The petitioner’s counsel further contended that considering the facts of the case as disclosed by the victim, it was not a case of rape but might be a case of consensual relationship between the parties concerned.
‘’Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that victim and applicant both are major.
"The 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 F.I.R.
"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 court said granting bail to the accused with certain conditions.