Rape Victim A Court Employee, Her Long Silence Makes Out A Case For Bail For Accused: Punjab And Haryana High Court

The Punjab And Haryana High Court recently granted bail to a man as it noted that the victim was a court employee and despite knowing the consequences and legal remedies, she  kept quiet for a long time.

Granting bail to the accused, the Bench of Justice Anoop Chitkara observed thus:

"The victim is an employee, matured lady and working in the Court and she would know the consequences and legal remedies. Instead her keeping quiet for such a long time would make out a case for bail to the petitioner."

The case in brief

The Court was seeking anticipatory bail in an FIR registered agaisnt him for rape under Section 376. It was alleged by the matured adult lady victim that the petitioner slowly and steadily started making friendship with her and on one day took her to his home where he tried to establish sexual relationships with her.

On her refusal, he played Anand Karaj Sahib from his mobile phone and placed the Gutka Sahib and took laavaan phere with her. He also applied vermillion on the parting line of my head. After that, he committed sexual intercourse with her. Later on, he resiled from the said marriage.

It was her allegation that she was rape by him multiple times and also blackmailed her under the protest that he would show her nude photographs and video to her father

Court's observations 

The Court took inot account the edcuation level of the victim and the fact that she is court employee to hold that her long silence had made out a case of bail for the accused. "The petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct," the Court stressed.

In view of this, without commenting on the merits of the case, in the facts and circumstances peculiar to tge case, and for the reasons mentioned above, the Court said that the petitioner had made out a case for bail.

Thus, the Court ordered that in the event of arrest, the petitioner shall be released on bail in the case, subject to his furnishing a personal bond of INR 10,000/-, and furnishing one surety for Rs. Twenty-Five thousand only, to the satisfaction of the concerned Investigator.

Case title - Harmanjot Singh v. State of Punjab

Citation : 2022 LiveLaw (PH) 165

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