Rajasthan HC Allows Student Accused Of Rape Of Co-Student To Continue His Studies [Read Judgment]

A human being has to be given a real chance in life which comes from education, resultant employment and consequent family, the court said.

The Rajasthan High Court has allowed a student, accused of raping a co-student, to continue his studies and attend the classes in the college.

‘A human being has to be given a real chance in life which comes from education, resultant employment and consequent family. The above three components in life ordinarily at least, create human worth and self-dignity and makes one an integral part of society, not a disgruntled citizen going whichever way,’ Justice Alok Sharma observed while allowing the plea.

Though the student was accused of rape and was arrested, the high court had granted him bail in October, last year. He submitted before the court that though he sought to continue IIIrd year classes in GNM course at the college, he has not been so allowed to do for the reason of his purported suspension.

Observing that the Right to Education is a fundamental right, the court said: “No doubt a case of serious nature has been lodged against the petitioner by a co-student but the fact remains that the petitioner has been granted bail by this Court. Indeed, grant of bail is not an acquittal yet the fact remains that on consideration of the matter, the Court has come to a conclusion that it is a case in which the petitioner’s liberty cannot be restrained. Though unarticulated an element of prima-facie defence in the probabilities of the case obtains for the petitioner – no doubt rebuttable on substantive evidence of probative worth before the trial court.”

The court also took note of the fact that the prosecutrix having failed is still in GNM Part-II and no embarrassment from the petitioner attending classes in GNM Part-III would thus arise. It also observed that if he is prevented from attending classes in GNM Part-III Course, having already passed Part-I and II, he would suffer grave prejudice which would be incapable of recompense in the event of the petitioner’s acquittal in the criminal case lodged against him.