The Allahabad High Court stated the rape victim “herself invited trouble” and was “responsible” for the crime against her, while granting bail to the accused.
The incident occurred in September 2024 when the victim, a MA student of a popular university in Noida, had gone with her female friends to a bar in Delhi, where they consumed alcohol, due to which she became intoxicated.
As per the FIR, she met some of her acquaintances at the bar and accused was also amongst them. Upon continuous insistence by the accused, the victim agreed to go with him to his flat to rest at around 3 am, as she was heavily intoxicated and needed support.
She alleged that the accused touched her inappropriately during the journey and, instead of taking him to his nearby flat, the accused took him to a relative’s place in Gurgaon and raped her.
While allowing the accused's bail plea, Justice Sanjay Kumar Singh of the Allahabad High Court observed:
“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 added the victim was capable enough to comprehend the “morality and significance of her act” as revealed by her in the FIR.
While seeking the bail, the counsel of the accused had argued that even if all the allegations are considered to be true, it is not a rape case but may be a case of consensual relationship between both the parties involved.
