SC criticises HC judge for remarks on woman
New Delhi: The Supreme Court on Tuesday took exception to observations made by a judge of the Allahabad High Court in a rape case stating that the complainant "herself invited trouble" and wondered why the judge had to make such observations while hearing a bail plea.
A bench of Justices B R Gavai and Augustine George Masih said: "There is another order passed by another judge of the same high court…If one wants to grant bail that is okay but why make such observations that she invited trouble and all that. One has to be very careful on this side (bench) also."
While granting a bail to the petitioner, the Allahabad High Court judge had recently observed the complainant had "herself invited trouble" by agreeing to go to the petitioner's house after getting drunk.
"Having heard counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that victim and applicant both are major. Victim is a student of M.A., hence she was competent enough to understand the morality and significance of her act as disclosed by her in the FIR… This court is of the view that even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same," the Allahabad High Court judge added.
The Supreme Court's observations came when it was hearing a suo motu case over the March 17 Allahabad High Court order in a separate case in which the High Court said grabbing breasts and pulling the drawstring of a woman's "pyjama" (lowers) did not amount to the offence of attempt to rape.
The apex court had taken up a suo motu cognisance of the matter after it was brought to the notice of Chief Justice of India Sanjiv Khanna. It had said that some observations made in the order reflected total "insensitivity" and "inhuman approach".
Solicitor-General Tushar Mehta asked how a common man perceived such observations must be kept in mind.
The bench adjourned the hearing in the suo motu case for four weeks.
