The Court also added that the victim being a postgraduate student can be considered 'competent enough' to understand “the morality and significance of her act” as disclosed by her to the police.
A controversial statement was made by an Allahabad High Court judge recently while hearing an alleged rape case where Justice Sanjay Kumar Singh remarked that the victim had "invited trouble and was also responsible for the same", reported Bar and Bench.
The Allahabad High Court bench was hearing the Nischal Chandak v. State of UP case on Thursday. Justice Singh not only made the remark against the victim but also granted bail to the accused in the case.
According to , the accused was reportedly arrested in December 2024 for alleged rape of a woman he had met at a bar in Hauz Khas, Delhi.
After hearing the case, the Court reportedly stated, “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."
According to Bar and Bench, the Court also added that the victim being a postgraduate student can be considered 'competent enough' to understand “the morality and significance of her act” as disclosed by her to the police.
The Court further ordered, “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. Hence, the bail application is hereby allowed."
According to reports, this particular case was filed after an incident took place in September 2024 when the victim, a female student of a popular Noida-based university, had gone to a bar in Delhi with her three female friends and met some male acquaintances, one of whom was the accused.
The victim told the Noida Police in her complaint that she was intoxicated at the bar and the accused was trying to get closer to her.
The two were in the bar till 3 am in the morning and the accused insisted that she goes with him to his place. She added that due to his insistence, she agreed to go with him to his house “to rest”.
Further the victimalleged that he kept touching her 'inappropriately' on the way. Not just that, according to the victim she was taken to a an apartment in Gurgaon instead of his own place in Noida where he promised to take her and later he raped her.
The victim lodged a First Information Report (FIR) at a Noida police station and the accused was arrested on December 11, 2024.
The accused in his bail plea said that she consented to go with him to his place as she needed support and take rest.
He denied the allegation of taking her to his relative라이브 바카라 flat in Gurgaon and raping her twice as he stated that it was not a case of rape, but of consensual sex.