‘Even if the victim’s allegations are accepted as correct, then the conclusion can be reached that she himself invited trouble. He is also responsible for the rape himself. The medical examination found the hymen broken. However, the doctor did not talk about sexual violence.
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This comment was made by Allahabad High Court Justice Sanjay Kumar Singh. On Thursday, the court granted bail to the rape accused that sex was done with the consent of both. This case of rape is in September 2024.
Now read in detail …
Student had FIR on 1 September 2024 On September 1, 2024, a MA student at a university in Gautam Budh Nagar filed a rape case in police station Sector 126. The student wrote in her complaint that she studies in a PG Hostel (Paying Guest) in Sector 126, Noida. On September 21, 2024, she went to Delhi with her friends. Everyone partyed in Hauz Khas. Where three boys also came with three of his friends.
The student told that Nischal Chandak also came to the bar. Everyone drank alcohol. Due to this, the student was very intoxicated. It was 3 o’clock in the night. Nischal asked him to walk with him. On her repeated saying, the girl agreed to walk together.
The victim alleged that the accused continued to touch her in a wrong way. He had asked to walk in a house in Noida, but took him to a flat of a relative in Gurugram, Haryana. Where he raped her twice.
The accused Nischal Chandak was arrested on 11 December 2024 after the police registered a case.
Lawyer’s argument- both victim and applicant adults Accused Nischal filed a petition in the Allahabad High Court demanding the release of bail during the case investigation. During the hearing, the applicant’s lawyer firmly presented his side. He told the court, the victim herself has admitted that she is an adult and lives in a PG hostel. She went to the bar with male friends on her own free will. Where he drank alcohol together. She was very intoxicated. She stayed with her colleagues till three o’clock.
During the hearing, the government lawyer opposed the bail plea. After listening to both sides, the court found that it was not a matter of dispute. Because both the victim and the applicant are adults.
Court said- The victim herself called trouble The court said, the victim is an MA student. So she was able to understand the morality and importance of her act. As he has revealed in the FIR. Therefore, the court believes that even if the victim’s charge is accepted as true, it can also be concluded that he himself has invited trouble and he is responsible for this.
Accused said-Everything happened with consent The accused told the court, the woman needed help and she herself agreed to go to rest at home with her. The accused has also denied the allegations that he took the woman to his relative’s flat. Rape twice. He claims that there was no rape, but had sex with consent.
Court said- Applicant should get bail The court said that after considering the fact and situation of the case as well as the nature of the crime, evidence and the information given by both the lawyers, I believe that the applicant can be given a bail. In such a situation, the bail application is accepted.
The applicant’s counsel has told the court that there is no possibility of running away from the investigation or tampering with evidence. The applicant has been in jail since 11 December 2024. He has no criminal history and if he is released on bail, he will not misuse the freedom of bail. Therefore, the court accepts his bail plea.
This order of the High Court was also in the discussion, read …
In the second week of March, the Allahabad High Court had said in a case related to the rape case, ‘Breast pressing and breaking the string of pajamas cannot be considered an attempt to rape’. This comment was made by a bench of Justice Ram Manohar Narayan Mishra of Allahabad High Court. Justice Mishra accepted the Criminal Revision Petition filed against 3 accused.
The matter was automatically taken cognizance by the Supreme Court. The bench of Justice BR Gawai and AG Christ heard. The bench said, “Some of the comments made in the High Court order show completely insensitive and inhuman attitude.” The Supreme Court issued notice to the Center, Uttar Pradesh government and other parties seeking answers.
A bench of Justice BR Gawai and Justice AG Christ said-
This is a very serious matter and a lot of insensitivity was shown from the judge who gave this decision. We are very sad to say that there was a complete lack of sensitivity in the decision -making person.
The Supreme Court had said that it is against both humanity and law. Such comments reflect ‘insensitivity’ and are beyond the parameters of the law. Read full news …
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