Lagatar24 Desk
New Delhi: The Allahabad High Court has once again come into the spotlight after granting bail to a rape accused, citing that the victim was partly responsible for the incident and “invited trouble”. The order, passed by Justice Sanjay Kumar Singh, has triggered debate and controversy over the judiciary’s approach in sensitive cases of sexual assault.
Background of The Case
According to the FIR registered in September last year, the victim, a postgraduate student living as a paying guest in Delhi, alleged that the incident occurred after a late-night outing with friends in Hauz Khas. She claimed that after consuming alcohol till 3 am, she was taken to the accused’s relative’s flat instead of his house, where she was allegedly raped twice.
Court’s Reasoning In Granting Bail
In his order, Justice Singh noted that the circumstances and facts presented in the case indicated that the matter may not be one of rape but a consensual act between two adults. The court observed that since the victim was an MA student, she was “competent enough” to understand the significance of her actions.
The judge further added, “Even if the allegations of the victim are accepted, it can also be concluded that she herself invited trouble and was responsible for the same.”
The medical report mentioned that the victim’s hymen was torn, but the doctor did not give a clear opinion on sexual assault.
Conditions Of Bail
The accused, Nischal Chandak, who has been in jail since December 11, was granted bail after his counsel assured the court of his cooperation in the investigation. The court also considered that he had no prior criminal record and was unlikely to abscond or tamper with evidence.
Response From The State
While the state counsel opposed the bail plea, the court noted that the factual details of the case were not strongly disputed.
Previous Controversial Observation By Allahabad High Court
This development comes just weeks after another Allahabad High Court judgment by Justice Ram Manohar Narayan Mishra caused outrage. In that case, the judge had ruled that acts like grabbing breasts or breaking a pyjama string did not constitute an attempt to rape.
The Supreme Court had strongly criticized the earlier judgment, calling it a “total lack of sensitivity” and stayed parts of the verdict that made questionable observations about the nature of the alleged crime.
Supreme Court’s Intervention
Expressing its displeasure, the Supreme Court remarked that such insensitive observations, made after months of consideration, reflected poor judicial application of mind. The apex court stayed specific portions of the judgment, terming them “inhuman” and “unknown to cannons of law.”
