Allahabad HC rape case remarks: Why make such observations? SC asks

New Delhi: The Supreme Court on Tuesday took exception to the Allahabad High Court's recent remarks in a rape case as reportedly saying the complainant "herself invited trouble", and wondered why it made such observations while deciding a bail plea.

The high court recently granted bail in the rape case, observing the complainant "herself invited trouble" by agreeing to go to the applicant's house after getting drunk.

The apex court's observations came when it was hearing a suo motu case over the Allahabad High Court's separate order of March 17 in which the high court said grabbing breasts and pulling the drawstring of a woman's "pyjama" or lowers did not amount to the offence of attempt to rape.

"There is another order passed by another judge of the same high court," a bench of Justices B R Gavai and Augustine George Masih said.

Justice Gavai went on, "If one wants to grant bail that is okay but why make such observations that she invited trouble and all that. One has to be very careful on this side (bench) also." Solicitor general Tushar Mehta asked how a common man perceived such observations was required to be kept in mind.

The bench adjourned the hearing in the suo motu case for four weeks.

On March 26, the apex court stayed the high court's March 17 order in the attempt to rape matter which meant the same couldn't be used in any judicial proceeding for seeking reliefs by the present set of accused or others.

The top court had said some of the observations made in the order reflected total "insensitivity" and "inhuman approach".

It had taken a suo motu cognisance of the matter after it was brought to the notice of Chief Justice of India Sanjiv Khanna.

The high court's March 17 order held that the attempt to rape offence was not made out against the accused and they were liable to be summoned for the lesser offence of assault or use of criminal force to woman with intent to disrobe her.

The high court's order had come on a petition by the accused challenging the order of a special judge in Kasganj through which they were summoned for the alleged offence under section 376 (rape) of IPC among other sections.

In another case, the high court passed an order granting bail to an accused and said, "Having heard 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. 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." The court added, "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."