Allahabad HC Blames Woman For Rape While Giving Bail To Accused: ‘She Herself Invited…’

The case dates back to 2024 when the woman had gone to a bar in Delhi with three female friends. There, she is stated to have met some male acquaintances, one of whom was the accused.

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

The Allahabad High Court recently remarked that a woman had herself invited trouble and was responsible for the alleged rape committed against her. According to Bar and Bench, Justice Sanjay Kumar Singh made the comment while granting bail to an accused arrested in December 2024 for the alleged rape of a woman he met at a bar in Delhi’s Hauz Khas.

“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 Court said as Bar and Bench.

According to the report, the case dates back to 2024 when the woman had gone to a bar in Delhi with three female friends. There, she is stated to have met some male acquaintances, one of whom was the accused.

In her complaint, the victim said to the Noida police that she was intoxicated after drinking alcohol and the accused was getting closer to her. They stayed till 3 AM, and the accused kept asking her to come with him, she said, the police.

According to the report, she also said that due to the insistence, the victim agreed to go with him to his house “to rest”. The victim alleged that he kept her touching inappropriately on the way, and instead of taking him to his place, he took her to a relative’s flat in Gurgaon, where he raped her.

The victim then approached the police, which led to the registration of an FIR at the Noida police station. The accused was arrested on December 11, 2024.

According to Bar and Bench, the accused told the court in his bail plea that since the woman needed support, she herself had agreed to go to his place and take rest. The accused also denied that he had taken the victim to her relative’s flat and raped her twice. He further claimed that it was not a case of rape but of consensual sex.

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