NEW DELHI: The Allahabad High Court has granted bail to a man accused of rape, observing that the complainant “herself invited trouble” by choosing to accompany him to his residence after consuming alcohol with friends.
The decision was delivered by Justice Sanjay Kumar Singh, who noted that the woman, a postgraduate student, was “competent enough to understand the morality and significance of her act.”
“Even if the allegations made by the complainant are taken at face value, it appears she was also responsible for the situation,” the court stated. It further noted that in her statement, the woman had given a similar account, and her medical report did not confirm evidence of sexual assault.
“Considering the facts and circumstances of the case, the nature of the offence, the available evidence, and the arguments made by both parties, the court is of the view that a case for granting bail has been made out,” the order said.
The accused claimed that the woman, an adult residing in a paying guest accommodation, went to a restaurant with friends of her own volition, where they all consumed alcohol. As she became heavily intoxicated, she agreed to go to the accused’s residence for rest.
The defense argued that the woman’s claim—alleging the accused took her to a relative’s flat and raped her twice—was not supported by the evidence. It was further contended that the incident, as described by the complainant herself, pointed more towards a consensual encounter rather than rape.
This ruling comes shortly after the Supreme Court, on March 26, stayed a separate controversial order by the Allahabad High Court. That order had stated that groping a woman’s breasts and pulling the strings of her pyjama did not constitute attempted rape—a verdict that was strongly criticized by the apex court for showing “total insensitivity” and an “inhuman approach.”
That earlier judgment was passed by Justice Ram Manohar Narayan Mishra on March 17.
