Recently, the Allahabad High Court said that even if a woman is accustomed to sexual intercourse, even then she cannot be raped. The high court observed while overturning an order of acquittal of an accused who raped a 18-year-old girl in 2016. The Allahabad HC further said that it would be "ridiculous" to accept the submission that a rape survivor, who was subjugated and "overpowered" mentally, psychologically and physically, must be shown to have suffered internal and external injuries to make her deposition trustworthy. While making these significant remarks, the bench of Justice Saumitra Dayal Singh and Justice Sandeep Jain, wherein Justice Jain wrote a separate yet concurring judgment and found the accused guilty of committing rape of the victim at gun point. In its 54-page judgment, the Allahabad High Court bench found faults with the findings of the trial court, which disbelieved the prosecution's case on the grounds that there was previous enmity between the accused and the informant, the FIR had been registered with inordinate delay and the medical report of the "X" did not support the offence or incident of rape. ‘She Herself Invited Trouble’ Remark: Supreme Court Raises Objection to Allahabad High Court’s Observation That Rape Victim Invited Trouble, Cautions Judges Against Inappropriate Observations.
HC Overturns Acquittal of Man Who Forcibly Raped Woman at Gun Point
Ridiculous To Expect Bodily Injuries On Rape Survivor Who Was Subjugated & Overpowered Physically: Allahabad HC | @ISparshUpadhyay #AllahabadHighCourthttps://t.co/5r2I4EZAAi
— Live Law (@LiveLawIndia) May 3, 2025
Women and Child Helpline Numbers:
Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.
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