The Allahabad high court has granted bail to a rape accused, observing that the complainant "herself invited trouble" by agreeing to go to the applicant's house after getting drunk, the news coming days after the Supreme Court intervened to stay an "insensitive" order passed by another HC justice in a rape attempt case.
The woman is a student of MA and hence she "was competent enough to understand the morality and significance of her act", stated the order passed by Justice Sanjay Kumar Singh last month.
Earlier, it was submitted on behalf of the applicant that it was an admitted case of the woman that she was an adult and resided in PG Hostel. She, of her own volition, went to a restaurant with her female friends and their male friends where all of them drank alcohol together. Due to this, she became very intoxicated.
The counsel for the applicant argued that the woman, along with her friends, stayed in the bar till 3 am. Since she needed support, she herself agreed to go to the house of the applicant and rest.
Her allegation that the applicant instead took her to his relative's flat and raped her twice is false and against the evidence on record, the counsel told the court.
It was argued that considering the facts of the case as disclosed by the woman, it is not a case of rape but might be a case of consensual relationship between the parties concerned.
The court observed, "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. 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," it said.
Granting bail to the applicant, the court said, "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 a fit case for bail."
On March 26, the Supreme Court stayed an Allahabad High Court order which stated that grabbing a woman's breasts and pulling the drawstrings of her pyjama did not amount to an attempt to rape, saying that they reflected total "insensitivity" and "inhuman approach".
The observations were made by Justice Ram Manohar Narayan Mishra in a March 17 verdict.
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