In a shocking judgment, the Allahabad High Court granted bail to a rape accused while holding the woman responsible for the alleged rape committed against her.
Justice Sanjay Kumar Singh granted bail to an accused who was arrested in December 2024 for the alleged rape of a woman.
“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. A similar stand has been taken by the victim in her statement. In her medical examination, her hymen was found torn, but the doctor did not give any opinion about the sexual assault,” Bar and Bench quoted the court order as saying.
According to reports, the alleged crime took place in September 2024 when the woman, an MA student, had gone to a bar in Delhi with her female friends.
At the bar, she met the accused, who was an acquaintance. In her complaint to the police, the victim alleged that she was intoxicated after drinking alcohol. The accused kept asking her to go with him. After his insistence, she agreed to go to his house “to rest,” but he took her to another location in Noida and raped her.
The victim, in her complaint to the Noida Police, said she was intoxicated after drinking alcohol, and the accused was getting closer to her. They stayed at the bar until 3 AM, and the accused kept asking her to come with him, she told the police.
The victim reported the incident to the police, leading to the registration of an FIR against the accused in Noida. Subsequently, the accused was arrested.
The accused argued before the court that the woman had willingly agreed to go to his place to rest as she needed help. He denied the rape charges and claimed that it was consensual sex.
While granting bail, the High Court remarked that since the victim is a postgraduate student, she was competent enough to understand “the morality and significance of her act” as disclosed in her statement to the police, Bar and Bench reported.
