Irony That We Celebrate Women's Rights In All Spheres But Show Little Concern For Her Honour: Allahabad HC On Increasing Rape Cases

"...crime against women in general and rape, in particular, is on the increase. It is an irony that while we are celebrating women's rights in all spheres, we show little or no concern for her honor. It is a sad reflection on the attitude of indifference of the society towards the violation of human dignity of the victims of sex crimes," the Allahabad High Court remarked on Thursday.

The bench of Justice Sanjay Kumar Singh observed thus as it denied bail to one Ayyub Khan @ Guddu (accused/appellant) who had moved the High Court challenging the order of the Special Judge, SC/ST Act, Auraiya denying him bail in a case wherein he has been accused of committing rape against a woman and also making her nude video.

The FIR was lodged by the victim herself on July 9, 2021, alleging that on June 23, 2021, she was waiting for the conveyance on the road. The appellant, who lives in the same village, was passing through by truck, who stopped the truck and offered her to sit on his truck.

When she boarded the truck, the appellant offered her cold drink and after consuming the same she became unconscious. Thereafter, the appellant took her to a lonely place and committed rape on her, and also made her nude video.

Further, on July 9, 2021, the appellant along with the co-accused abused the victim's husband by caste derogatory words and threatened him with dire consequences.

Arguments advanced

The appellant's counsel argued that there was inordinate delay in lodging the first information report for which no plausible explanation has been rendered by the prosecution. It was further submitted that in the medical examination report no spermatozoa was found, which belied the case of the prosecution.

On the other hand, the state's counsel argued that in her statement under Section 164 Cr.P.C., the victim had fully supported the prosecution version by specifically stating that the appellant after getting her intoxicated, committed rape on her and made a video thereof.

It was further contended that along with the case diary, a CD of the viral video of the victim was also annexed.

Court' observations

At the outset, the Court noted that it was well settled that the delay in giving the FIR by itself cannot be a ground to doubt the prosecution case as in India, villagers can't be expected to rush to the police station immediately after the occurrence

Further, regarding the absence of spermatozoa in the sample of the vaginal swab, the Court observed that the absence of spermatozoa prima facie could not be allowed to tell against the version of the prosecutrix.

The Court also noted that in the instant case, the FIR was lodged after 17 days of the incident, and the longest that the sperm can survive in fertile cervical fluid or the uterus is five days.

Significantly, stressing that crime against women in general and rape, in particular, is on the increase, the Court further observed thus:

"It is a sad reflection on the attitude of indifference of the society towards the violation of human dignity of the victims of sex crimes. We must remember that a rapist not only violates the victim's privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. Rape is not merely a physical assault - it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female."

Consequently, the order dated 01.10.2021 passed by the Special Judge (SC/ST Act), Auraiya was upheld and the appeal was dismissed.

Case title - Ayyub Khan @ Guddu v. State of U.P. and Another [CRIMINAL APPEAL No. - 4573 of 2021]

Citation: 2022 LiveLaw (AB) 347

Click Here To Read/Download Order