'She invited trouble': Allahabad High Court's startling judgment, granted bail to accused
PTC News Desk: In yet another controversial judgment, Allahabad High Court has granted bail to a rape accused citing that the 'victim invited trouble and was also responsible for the same.'
According to the FIR registered in September last year, the victim is a postgraduate student and lived as a paying guest in Delhi. On September 21, she and her friends visited a restaurant in Hauz Khas. They drank there till 3 am and became "very intoxicated". "Since she needed support, therefore, she herself agreed to go to the house of the applicant and take rest," Justice Sanjay Kumar Singh has said in the order.
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. On the strength of said facts, it is argued that considering the facts of the case as disclosed by the victim, it is not a case of rape but may be a case of consensual relationship between the parties concerned," the order added.
Justice Singh noted that the accused's lawyer argued there is no risk of the accused evading the legal process or interfering with evidence. The defense also highlighted that Nischal has been in custody since December 11 and has no prior criminal record. The counsel further assured the court that the accused would not abuse the conditions of bail.
The court order also mentions that while the state government's representative opposed the bail request, they did not challenge the factual claims presented in the case.
"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," the judge has said in the order.
The court granted bail to Nischal Chandak, asking him to cooperate with the investigation.
- PTC NEWS
