‘She herself invited trouble’: Allahabad HC grants bail in rape case

“Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that victim and applicant both are major. Victim is a student of MA, hence she was competent enough to understand the morality and significance of her act as disclosed by her in the FIR. 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,” the court said.

“In her medical examination, her hymen was found torn but doctor did not give any opinion about the sexual assault,” 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. Hence, the bail application is hereby allowed,” it said.

According to police sources, the woman, a post-graduate student in Noida, had gone to attend a music performance in South Delhi with her friends. She met the accused — who was known to one of her friends — there.

In her complaint, she told the police that the accused, also a student, told her he would drop her back to Noida but took her to an apartment in Gurgaon, where he allegedly raped her.

The woman filed a complaint at the Noida Sector 126 police station the next day. The accused was arrested under Bharatiya Nyaya Sanhita (BNS) Section 64 (punishment for rape). Contesting the rape allegations, the counsel for the accused had claimed that it was consensual.

With ENS, New Delhi