Justice Sanjay Kumar Singh of the Allahabad High Court granted bail while remarking the victim was “also responsible,” sparking outrage over judicial sensitivity in rape cases.
ALLAHABAD HIGH COURT BLAMES RAPE VICTIM FOR INCIDENT
Case in News
Allahabad High Court blames rape victim for the incident and grants bail in a rape allegation case.
Case Overview
Case Name: Nischal Chandak vs. State of Uttar Pradesh
The Allahabad High Court while deciding a bail application in the case of Nischal Chandak v. State of UP made a controversial remark suggesting the rape victim had “invited trouble.” Justice Sanjay Kumar Singh who gave the order granted bail to the accused arrested for an alleged rape that occurred after the victim and the accused met at a bar in Delhi . The comment of the Court sparked concerns over victim shaming especially given the sensitive nature of the case.
Key Aspects
- Victim, a postgraduate student, met the accused at a Delhi bar in Sept 2024.
- She stated intoxication and coercion into accompanying him.
- Accused allegedly took her to Gurgaon not Noida and raped her.
- FIR lodged in Noida; accused arrested in December 2024.
- Medical report was inconclusive about sexual assault .
- Accused claimed it was consensual and not a case of rape.
Legal Insights
- Section 376 IPC – Explains punishment for rape.
- Section 439 CrPC – Power to grant bail.
- Court stressed on the victim’s maturity in assessing her decisions.
- Remarks show judicial discretion in bail despite serious charges.
Court’s Verdict
The Allahabad High Court granted bail to the accused stressing on the victim’s awareness as a postgraduate student. The Court controversially stated that she was “also responsible” for the situation raising serious debate about victim shaming and the interpretation of consent in rape victim cases .
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