• Source:JND
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The Allahabad High Court on Wednesday granted bail to a rape accused, maintaining that the ‘victim invited trouble and was equally responsible’ in the act. The HC said this might be a case of a consensual relationship between the parties concerned.

“On September 21 last year, the victim was heavily intoxicated at a restaurant in Delhi’s Hauz Khas. As she required assistance, she voluntarily agreed to accompany the accused to his residence to rest,” Justice Sanjay Kumar Singh said. 

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Regarding the allegations that the accused took the victim to his friend’s flat and raped her instead of taking her to his own residence, the court dismissed the claims as false, stating that no credible evidence was found to substantiate this accusation.

"The allegation of the victim that applicant instead of his house took her to his relative's flat and raped her twice is false and against the evidence on record. On the strength of said facts, it is argued that considering the facts of the case as disclosed by the victim, it is not a case of rape but may be a case of consensual relationship between the parties concerned," the order stated. 

The defence counsel stated that the accused had been incarcerated since December 11, making it unlikely for him to interfere with the evidence. The lawyer further assured the court that the accused would not misuse the freedom granted through bail.

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"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 student of M.A., 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. In her medical examination, her hymen was found torn but doctor did not give any opinion about the sexual assault," the judge has said in the order.