Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

“No doubt in the matter of rape, the statement of the prosecutrix should be given primary consideration, but at the same time, it should also be kept in mind that nowadays there can be no presumption that in all the matters, prosecutrix would always tell the entire story truthfully,” a bench of Justice Sanjay Kumar Singh observed.

Essentially, the accused had been booked under Sections 376(2)(n), 342, 452, 506, 504, 323, 406 IPC on the allegations of sexually abusing the victim, a married woman, on the promise of marriage as well as of providing her government job, and also making her photographs viral.

Arrested in August last year, the accused moved the HC seeking bail in the case because it is not a case of rape but a case of consensual relation between the parties concerned as the alleged victim was voluntarily and profoundly concerned and inclined towards the applicant.

It was further submitted that when the victim's husband and other family members learned about the victim's relationship with the applicant, the victim lodged the FIR against the applicant to save her skin.

It was also argued that since the victim is already a married woman, there was no question on the part of the applicant to make a promise of marriage with the victim.

On the other hand, the counsel for the state, as well as the complainant, opposed the grant of bail to the applicant.

Having heard the counsels for the parties and examining the matter in its entirety, the Court found that the alleged victim, despite being a married lady, maintained her extramarital affair with the applicant, whereas she was capable of understanding the significance and morality associated with the act, for which she was consenting to.

“If victim was not consenting, she could complained just after first and second incident but she did not do so, rather she allowed herself to be sexually misused by the applicant giving consent of the same and at the insistence of the applicant, she leaving her matrimonial home went to her parental home and started living there,” the bench noted.

Furthermore, the Court also observed that the alleged victim was also conscious of the fact that her marriage may not take place owing to various considerations and issues surrounding her marriage.

“Record shows that the victim had inclination towards the applicant and had willingly gone with him. Prosecutrix agrees to have sexual intercourse on account of her love and passion for the applicant,” the Court further added.

In view of this, stressing that there can be no presumption that a victim will always tell the entire truth in rape cases, the bench granted bail to the applicant-accused.

Also read: Can't Say Physical Relationship Was Without Consent If Married Woman Having Experience In Sex Doesn't Offer Resistance: Allahabad HC

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