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In a controversial ruling, an Allahabad High Court judge has granted bail to a rape accused, stating that the victim “invited trouble and was also responsible for the same.” This decision follows a previous judgment from another Allahabad High Court judge, which sparked outrage for dismissing certain actions as not constituting rape or attempted rape.
The case centers around a rape allegation made by a postgraduate student, who was living as a paying guest in Delhi. According to the FIR, the victim and her friends visited a restaurant in Hauz Khas on September 21, where they drank heavily until 3 am and became “very intoxicated.” The victim reportedly agreed to go to the accused’s house to rest, but later claimed that the accused took her to a relative’s flat and raped her twice.
In the order, Justice Sanjay Kumar Singh dismissed the victim’s allegations, stating that they were inconsistent with the evidence presented. “The allegation of the victim that the applicant instead of his house took her to his relative’s flat and raped her twice is false and against the evidence on record,” the judge noted. He also suggested that the incident may have been a case of a consensual relationship, rather than rape.
Justice Singh emphasized that the accused’s counsel had assured the court that he would cooperate with the investigation and would not misuse the liberty of bail. The counsel also argued that the accused had been in jail since December 11, had no prior criminal record, and posed no flight risk.
The judge further remarked that both the victim and the accused were adults, and that the victim, being an MA student, was capable of understanding the consequences of her actions. He added that even if the victim’s allegations were accepted as true, the judge believed she was partially responsible for what occurred. The judge also referenced the victim’s medical examination, noting that while her hymen was found torn, the doctor did not confirm sexual assault.
This judgment comes just weeks after another controversial ruling by Justice Ram Manohar Narayan Mishra of the Allahabad High Court, which made headlines for its dismissal of a rape attempt charge. In that case, the judge argued that grabbing the victim’s breasts or breaking the string of her lower garments did not amount to an attempt to commit rape. His comments were met with harsh criticism, including from the Supreme Court, which condemned the judgment for its lack of sensitivity.
The Supreme Court, in its response, expressed its disappointment, stating that the Allahabad High Court’s ruling showed a “total lack of sensitivity” and failed to reflect the gravity of the situation. The court stayed parts of the judgment, calling the observations “unknown to cannons of law” and inhuman in nature.
These rulings highlight a growing concern over judicial sensitivity in cases of sexual violence, with many legal experts and activists calling for reforms to ensure that the legal system better supports victims of such crimes.
The Allahabad High Court’s decision to grant bail in this case, coupled with its contentious rationale, has once again ignited debates about the legal treatment of sexual assault cases and the responsibility of judges to apply the law with the utmost care and sensitivity.
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