Justice Sanjay Kumar Singh of the Allahabad High Court 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. In his order last month, Justice Sanjay Kumar Singh stated that the woman is a student of MA and hence she “was competent enough to understand the morality and significance of her act”.
Bail To Rape Accused : ‘Victim Herself Invited Trouble’
Why In News
- Justice Sanjay Kumar Singh of the Allahabad High Court 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. In his order last month, Justice Sanjay Kumar Singh stated that the woman is a student of MA and hence she “was competent enough to understand the morality and significance of her act”.
Who Is Justice Sanjay Kumar Singh
- According to the Allahabad high court website, Justice Sanjay Kumar Singh was born on January 21, 1969, in Mirzapur, Uttar Pradesh. He completed graduation in science from Ewing Christian College, Allahabad (University of Allahabad) in 1988.
- He obtained a law degree from Dayanand College of Law, Kanpur (affiliated to Chhatrapati Shahuji Maharaj University) in 1992. He was appointed as additional judge of the Allahabad high court on November 22, 2018. He took oath as permanent judge of the Allahabad HC on November 2020
What Was The Case
- “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.
- 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.
- “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.
Another Controversial Order
- On March 26, the Supreme Court stayed an Allahabad high court order which stated that grabbing a woman’s breasts and pulling the drawstrings of her pyjama did not amount to an attempt to rape, saying that they reflected total “insensitivity” and “inhuman approach”.
- Justice Ram Manohar Narayan Mishra made the observations in a March 17 verdict.
Lawyers’ Body Slam Remarks
- Shiv Sena MP Priyanka Chaturvedi tweeted, “Allahabad High Court seriously needs better judges. No action was taken against Justice Mishra (Justice Ram Manohar Narayan Mishra) regarding his pathetic judgement earlier, though SC stayed it, and now we have this.
- ” Pragtisheel Mahila Sangathan, a body of women lawyers, castigated the “unwarranted observations”. “The High Court judge not only granted bail to the accused but also made absolutely unwarranted observations… This shows his patriarchal mindset,” it said.
- It urged the Supreme Court to run special gender sensitisation programmes for judges of High Courts while keeping the Allahabad High Court on top priority.
- “In cases of sexual violence against women, one after the other, decisions are coming from Allahabad High Court in which established legal definitions and decisions of the Supreme Court are being sidelined,” the organisation said.
- Former judges and senior lawyers also expressed shock at the verdict. “It’s untenable, unacceptable and completely insensitive. I am sad and shocked,” former Manipur High Court Chief Justice Siddharth Mridul told India Today.
- ‘Need Societal Mindset Change’
- Senior advocate Shobha Gupta said the court’s observations sent out a very wrong message. “It is as if the judge is saying that all men are vultures and any woman coming out of the home is open to access… There needs to be a societal mindset change so that men must learn to coexist with women.”
