After the Judge of an Allahabad High Court, it was observed in the week that the grabbing the breasts or sniffing the pajamas string does not attempt to rape or rape, his colleague gave bail to the rape accused, given that the victim “invited the trouble and was also responsible for the same”.
According to the FIR registered in September last year, the victim is a postgraduate student and lives as a guest paying in Delhi. On 21 September, he and his friends visited a restaurant in Hauz Khas. They drank there till 3 o’clock and became “very intoxicated”. Justice Sanjay Kumar Singh said in the order, “Since she needed support, she herself agreed to go to the applicant’s house and rest.”
“In the charge of the victim that instead of his house, the applicant took him to his relative’s flat and raped him twice and against the evidence on the records. On the basis of the above facts, it is argued that the case is revealed by Vijay given the facts of the case, it is not a case of rape, but a case of consent relationship between the concerned part may be a case.”
Justice Singh has said that the counsel for the accused has presented that there is no chance to tamper with the judicial process or to tamper with evidence. The lawyer has also told that Nischal has been in jail since December 11 and has no criminal history. The lawyer has assured the court that the accused would not misuse the freedom of bail.
The order stated that the state government counsel opposed the bail plea, but cannot dispute the “factual aspect of the case”.
“After listening to the lawyer learned for the parties and investigated in the entirety of the case, I think it is not in the dispute that both the victims and applicants are prominent. The victim is a student of MA, so he was enough to understand the morality and importance he had to accept to accept the crisis given by him. The same.
The court granted bail to Nischal Chandak, so that he asked him to cooperate in the investigation.
This comes after the March 17 decision by Justice Ram Manohar Narayan Mishra of the Allahabad High Court, which has provoked a large line for its absurd observations. The judges were listening to the challenge of the accused for a lower court order, calling him under Section 376 of the Indian Penal Code, which is related to rape.
“… The allegation against the accused Pawan and Akash is that they caught the victim’s breasts and Akash tried to bring down the victim’s lower garment and for that purpose he broke the string of her lower clothing and left her to convict her and left the fact. Apart from these facts, the victim is not held responsible for her alleged desire to rape the victim,” the over 21 is not responsible for them. Reads
The lower court called the accused under IPC Section 376, related to rape, read with Section 18 of safety of children from the Sexual Offenses (POCSO) Act. While dropping it down, the High Court judge said, “To bring out the charge of the attempt to rape the prosecution, it would have to be established that it had gone beyond the stage of preparation. The difference between preparation and real effort is primarily included in greater degrees of determination.”
The decision strongly criticized the Supreme Court, stating that it reflects “total lack of sensitivity”. The apex court said that this pain occurred to see some comments in the verdict and sought a response from the Center and the Uttar Pradesh government.
“We feel pain in telling that it shows the total lack of sensitivity from the author of the decision. It was not even at this time and was given even four months after burning. Thus, the application of the mind was. We are usually hesitant to live at this level.
