No Automatic Assumption That Victims Always Tell Entire Truth in Rape Cases: Allahabad High Court
The Allahabad High Court has observed that today, it cannot be presumed that in every rape case, the victim always tells the entire story truthfully. The Court made this remark while granting bail to a man accused of sexually exploiting a married woman under the false promise of getting her a government job.
The accused had been charged under Sections 376(2)(n), 342, 452, 506, 504, 323, and 406 of the Indian Penal Code (IPC). The charges included allegations of sexual abuse, false promises of marriage and employment, and threats to make private photos public.
The man, who was arrested in August last year, applied for bail. His lawyer argued that the case was not about rape, but rather about a consensual relationship. It was claimed that the woman willingly maintained a relationship with the accused and only filed the FIR after her husband and family found out, to protect herself.
Additionally, it was argued that since the woman was already married, the idea that the accused promised marriage made no sense.
The State and the complainant’s lawyer opposed the bail, but after hearing both sides, the Court agreed with the accused’s arguments. The judges noted that the woman, despite being married, knowingly continued the relationship. She understood the consequences of her actions and was aware that her marriage could face problems due to her choices.
The Court further stated that the victim willingly had a relationship with the accused out of her own love and passion. Therefore, there can be no automatic assumption that victims always tell the entire truth in rape cases.
Based on these observations, the Allahabad High Court decided to grant bail to the accused.
[Case heard on: January 14, 2025]
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