MP High Court Directs State Counsel To Ascertain From Video Purportedly Made By Rape 'Victim' Herself If The Act Was Consensual Or Against Will

After the alleged rape victim claimed that she herself made the video of the incident, the Madhya Pradesh High Court last week directed the State Counsel to watch the video and ascertain whether the victim's action reveals consent or resistance to the alleged act of rape.

"Learned counsel for the State is requested to call for the I.O. with the pen-drive and perused the same in the A.G. Office without saving the file to their machine and thereafter, return the pen-drive to I.O. and place a report before this Court whether the action of the prosecutrix reveals consent or resistance to the alleged act or whether she appears to be a consenting and cooperating partner in the act," the bench of Justice Atul Sreedharan ordered.

The case was essentially dealing with the bail plea of the one Jitendra Baghel who has been accused of raping a married woman (the alleged victim). The FIR in the case was registered belatedly purportedly on the threat of harm by the applicant. 

Now, when the matter came up for hearing before the bench, the Court noted that in her Section 164 statement, she had stated that she herself made a video of the purported rape by the applicant on her.

In view of this, the Court instructed the government pleader to watch the video clip and ascertain whether the woman was sexually assaulted or it was consensual sex.

Appearances

Ms. Sangeeta Pachouri - Advocate for the applicant.

Shri Rajeev Upadhyay - Public Prosecutor for the respondent/State.

Shri Vibhor Kumar Sahu - Advocate for the complainant.

Case title - JITENDRA BAGHEL Vs THE STATE OF MADHYA PRADESH

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