SC rebukes Allahabad High Court over 'invited trouble' remark in rape case

The Supreme Court on Tuesday criticised an order by the Allahabad High Court that granted bail to a man accused of raping a college student. The High Court had observed that the victim had "herself invited trouble" and was "responsible" for the alleged rape.

According to the victim's statement to the Allahabad High Court, she met the accused at a bar and agreed to go to his relative’s apartment to rest as she was heavily intoxicated. She alleges that the accused raped her twice while she was there.

As per a LiveLaw report, Justice B R Gavai remarked that while granting bail is within the High Court’s discretion, the court’s remark was unwarranted. He emphasised the importance of judges exercising caution in their remarks and being sensitive in their approach.

Solicitor General Tushar Mehta urged that justice should not only be done but also appear to be done, LiveLaw reported. How a common man, who is not well-versed with the legal nuances, would perceive such observations needs to be kept in mind, the Solicitor General said.

The observation came during a hearing before a bench of Justices B R Gavai and A G Masih, which was examining matters related to another contentious Allahabad High Court ruling. In that case, the court had held that grabbing a minor girl’s breasts, breaking the string of her pyjama, and attempting to drag her under a culvert did not constitute an attempt to rape. The matter was adjourned due to incomplete service.

(With inputs from LiveLaw)