Supreme Court pulls up Allahabad HC for woman 'invited trouble' remark in rape case order

The Supreme Court has pulled up the Allahabad High Court for its observation that the rape victim "invited trouble"and was "responsible for the same". A bench of Justices BR Gavai and Augustine George Masih cautioned judges against making inappropriate observations in cases involving sexual violence against women.

Advertisment

"There is another order now by another judge. Yes bail can be granted. But what is this discussion that 'she herself invited trouble etc'. One has to be careful when saying such things especially on this side (judges)," Justice Gavai remarked.

The court made the observation while hearing another case related to the Allahabad High Court wherein it stated that grabbing a woman's breasts and pulling the drawstrings of her pyjama "did not amount to attempted rape." The court had taken up the matter suo motu after the judgment was brought to the notice of Court by an organisation 'We the Women of India'. The top court called the order "total insensitivity" and "inhuman approach."

Advertisment

Justice Sanjay Kumar Singh of the Allahabad High Court while pronouncing an order in alleged rape case said, "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." He 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. Similar stand has been taken by the victim in her statement."

What was the incident?

Advertisment

According to multiple reports, the woman, a student of a popular Noida-based university, in her complaint told the police that she and her friends went to a bar in Delhi's Hauz Khas and met the accused there. She also confessed that she was intoxicated as she consumed alcohol. She further stated that while leaving the bar, the accused asked her if he could drop her back to her place in Noida but took her to an apartment in Gurugram, where he allegedly raped her. The woman filed a complaint at the Noida Sector 126 police station in December 2024 and the accused was arrested under Bharatiya Nyaya Sanhita (BNS) Section 64 (punishment for rape).

Watch | India: ‘Total insensitivity’, Supreme Court stays Allahabad HC 'Grabbing Breasts Not Rape' Ruling

Why the court granted bail?

Contesting the rape allegations, the counsel for the accused had claimed that it was consensual. The counsel also argued that the accused has been languishing in jail since December 2024, despite having no criminal history. The counsel guranteed the court that if he was released on bail, he would not misuse the liberty of bail and would cooperate in the early disposal of the case.

"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 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," the court said.