She herself invited trouble: Allahabad HC grants bail to rape accused

In a shocking judgement, the Allahabad High court while granting bail to a rape accused remarked the victim “herself invited the trouble.”

The bench was hearing a September 2024 rape case that occurred in Delhi’s Hauz Khas area. The victim was a student at a Delhi college and had gone to a bar with her three girlfriends. There she met the accused and got acquainted with him, Bar and Bench reported.

The victim alleged that her drink was spiked by the accused, who kept insisting she accompany him. The victim stated that they remained in the bar till 3 am, after which she agreed to go to his flat for ‘rest’.

She further alleged that he kept touching her inappropriately on the way and instead of taking him to his place in Noida, he took her to a relative’s flat in Gurgaon, where he raped her.

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The incident occurred in September 2024. Soon after, she lodged a complaint with the Noida police.

The accused, in his bail application, maintained that it was consensual and nothing was forced on the victim.

“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 Allahabad HC said.

The court said that the victim was a postgraduate student and was thus competent enough to understand “the morality and significance of her act” as disclosed by her to the police.

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