"A Girl, Lady Of 23 Years Is Good Enough To Decide Right Or Wrong": Delhi HC Grants Bail To Man Accused Of Rape, Making Obscene Video

"Three years prior to the year 2019, prosecutrix might have been 23 years of age and in the opinion of this Court, at the age of 23 years, a girl/lady is good enough to decide what is right or wrong" observed the Delhi High Court while granting bail to a man accused of rape and making obscene video and thereafter threatening the girl to make the video public.

A single judge bench comprising of Justice Suresh Kumar Kait observed thus:

"Pertinently, the FIR in question has been registered in the year 2019 and the age of prosecutrix has been mentioned as 26 years. A cursory perusal of FIR shows that prosecutrix had visited Mohali in the year 2016 and instead of attending her coaching classes, she used to roam around with petitioner in malls, PVR and showrooms etc. However, she has pleaded ignorance about how petitioner made her obscene video and allegedly blackmailed her to forcefully make physical relations with him. Three years prior to the year 2019, prosecutrix might have been 23 years of age and in the opinion of this Court, at the age of 23 years, a girl/lady is good enough to decide what is right or wrong."

A case was registered against the petitioner seeking bail under sec. 376, 506, 174A of IPC in Delhi. It was the case of the prosecution that on 23rd January 2019, the prosecutrix aged 26 years had lodged a complaint in the year 2016 when she had gone to Mohali, Chandigarh alleging that the petitioner, her first cousin, had forced her to join coaching classes there.

After the prosecutrix joined the classes, according to the prosecution, she allegedly started missing the classes and started visiting malls etc with the petitioner who had then allegedly recorded her obscene video and started black mailing her to have physical relations with her.

It was thus the prosecution's case that the petitioner had raped her in on 25th February 2018 when he had come to Delhi on a promise to delete the video. However, on 16th January 2019, the petitioner had sent the video to her Facebook Messenger after which a complaint was made to the police.

During the course of hearing, it was also submitted on behalf of the prosecutrix that the petitioner had gone to the extent of firing a gun shot on her leg for which two FIRs involving provisions under IPC and Arms Act were registered in Delhi.

Opining that at the age of 23 years, a girl/lady is good enough to decide what is right or wrong, the Court went ahead to observe that no complaint/PCR call was made nor any FIR was registered by the prosecutrix in Mohali with respect to alleged incident nor did she thought of returning her home in Delhi from 2016 till 2017.

"Even if this allegation is accepted on the face of it, why did prosecutrix only complain petitioner's sister about the alleged incident and did not bring it to the knowledge of her Aunt (petitioner's mother), who happens to be her mother's sister (massi) or her parents on her return to Delhi, is yet to be established." The Court observed at the outset.

Perusing the FSL report dated 8th January 2021, the Court opined that the report showed that "inappropriate videos and chats have been retrieved from the mobile of prosecutrix, but nothing incriminating has been recovered from the mobile of the petitioner."

"How and in what manner the origin and authenticity of the said video will be established, is a matter of trial, but so far in the absence of any technical evidence on record, the assertion of prosecution seems to be under clouds." The Court observed.

With the aforesaid observations, the Court granted bail to the petitioner on personal bond in the sum of Rs.25,000/-, with one surety in the like amount.

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