The Allahabad High Court has granted bail to a rape accused and said that the complainant “herself invited trouble” by agreeing to go to the applicant’s house after getting drunk. 

The order was passed by Justice Sanjay Kumar Singh last month. 

PTI reported that 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 a PG Hostel. She had gone to a restaurant on her own volition, with her female friends and their male friends, where all of them drank alcohol together, and she was thus intoxicated. 

The applicant’s counsel stated during the arguments that she stayed at the bar till 3 am with her friends. She allegedly agreed to go to the house of the applicant since she needed to rest. 

The woman alleged that the complainant instead took her to his relative’s flat and raped her twice. However, the counsel told the court that her allegation is false and against the evidence on record. 

The court observed that the complainant is a postgraduate student and was therefore “competent enough to understand the morality and significance of her act”. 

PTI quoted the court as saying, “Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the victim and applicant both are major. Victim is a 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.”

The court said that even if the allegation of rape is accepted to be true, then it can be concluded that “she herself invited trouble and was also responsible for the same.”

The court added, “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.” 

Talking about her medical examination, the court stated that her hymen was torn, but the doctor did not give an opinion about the alleged sexual assault. 

In her medical examination, her hymen was found torn, but the doctor did not give any opinion about the sexual assault,” it continued.

According to PTI, 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.”

This comes after the Supreme Court on March 26, stayed an Allahabad HC order which stated that ‘grabbing a woman’s breasts and pulling the drawstrings of her pyjama did not amount to an attempt to rape’. The top court had said that it reflected total “insensitivity” and “inhuman approach”.

This previous observation was made by Justice Ram Manohar Narayan Mishra in a March 17 verdict.

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