NEW DELHI: Taking strong exception to the Allahabad High Court judge's recent remarks in a rape case where it has said that the rape victim herself "invited trouble," the Supreme Court on Tuesday cautioned judges against making such kind of inappropriate observations against the complainant.
The apex court made these remarks while hearing a suo motu cognizance case initiated by it in a different matter in which the Allahabad HC had on March 17 held that acts of grabbing a child victim's breasts, breaking the string of her pyjama did not constitute the offence of rape or attempt to rape.
During the course of the hearing on Tuesday, a two-judge bench of the top court, led by Justice BR Gavai and Justice Augustine George Masih, observed that it was the judges discretion to grant bail to accused keeping in view the facts and circumstances of each case, but cautioned judges of such kind of unwarranted observations or remarks against the complainant.
“There is another order now by another judge. Bail can be granted, but why make such kind of comments? What is this discussion that she herself invited trouble etc. Judges should be more careful when saying such things especially on this side (bench)," the top court added.
It is to be noted that the HC had on April 11 granted bail in a rape case, observing the complainant "herself invited trouble" by agreeing to go to the applicant's house after getting drunk.
The accused was arrested in December, 2024, for the alleged rape of the woman pursuing MA from Amity University, Noida campus, and has been in prison since then.
Earlier, on March 17, the High Court observed actions such as grabbing a child victim's breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert before fleeing do not constitute the offence of rape or attempt to rape.
In this case, according to the prosecution, the accused, Pawan and Akash, allegedly grabbed the breasts of the 11-year-old victim. Thereafter, one of them broke the string of her pyjama and attempted to drag her beneath a culvert.
However, before they could proceed further, the intervention of passers-by forced them to flee, leaving the victim behind.
The High Court altered the charges against the two accused, who were originally summoned to stand trial under Section 376 IPC (Rape) and Section 18 (Punishment for attempt to commit an offence) of the Protection of Children from Sexual Offences (POCSO) Act.
The High Court instead directed that the accused be tried under the lesser charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe), along with Sections 9/10 of the POCSO Act (aggravated sexual assault).
The top court deferred the case for four weeks.
