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Vishad Srivastava, B.A. LL.B. (H), Amity University
The Punjab and Haryana High Court grants bail to 3 rape convicts who were convicted by Sonipat Trial Court for gang rape case of fellow student of O.P Jindal Global University at Sonipat. The division bench of Justice Mahesh Grover and Raj Shekhar Attri observed that there was no gut wrenching violence in the testimony of the victim and the duo form her derived that she had misadventure stemming from a promiscuous attitude and a voyeuristic mind.
Background of the case
In 2015, a management student of O.P Jindal’s University accused three law students of raping her several times for more than a year. In her complaint to the university, she had said that one of the student had been blackmailing her by using her nude photos and she got into his blackmailing and forcibly have sex with him and his 2 friends. The first accused Hardik Sikri, persuaded her to send the nude picture and then the blackmailing starts and after that 2 other friends of first accused that is Karan Chhabra and Vikas Garg. The petitioner has accused that she had been made sex against her will which was at the cost of not publicizing her nude photos.
High Court Statement
“We are conscious about the fact that allegation made by the victim regarding her being threatened into submission and blackmail lends sufficient diabolism to the offence, but a careful examination of her statement again offers an alternate conclusion of misadventure stemming from a promiscuous attitude and a voyeuristic mind.” This was stated by the division bench. Moreover bench also stated that the testimony of the victim does offer an alternate story of casual relationship with her friends, acquaintance, adventurism and experimentation in sexual encounters and these factor would therefore, offer a compelling reason to consider the prayer for suspension of sentence. In its order the bench applying the reformatory and rehabilitve justice ordered counseling of all three accused at All India Institute of Medical Science for correcting their behavior attribution. In a 12 page judgment judges stated that it would be a travesty if these young minds are confined to jail for an inordinate long period which would deprive them of their education, opportunity to redeem themselves and be a part of the society as normal beings. Long incarceration at this stage when the appeal is not likely to mature for some time is likely to result in an irreparable damage.
In present world after this types of cases it has become evident to change and modify the conditions for rape as some times it come from live in relationship or sometimes marital rape and presently in this case misadventure of the youth. Although Live in relationship has been legalized through case of Indra Sharma vs. V.K.V Sharma but laws are required to be stringent and effective to tackle with the present scenario as the present youth are now evolving with the western mindset so the laws are needed to be modified according to the time. As demand for marital rape has been recognized which is necessary that our lawmakers should draw their attention towards it as the consent of woman is necessary no matter whether she is married or having a live in relationship. When talking about the voice of the women this type of cases gives a big blow where the rape convicts get bailed and it is straight responsibility of judiciary to either consider their prosper future by putting them behind the bars or to save their youth which will become dangerous for another youth. Celebrating Durga Pooja in the name of 9 goddess gives a high irony remark when we ourselves are not protecting the respect and value of women, the case of Banaras Hindu University is the another part of series of events of molestation where a girl student has been molested and no guards came forward to help her and in the peaceful demonstration they were being lathicharged by the police officials and it is great sarcasm that our Prime Minister route changed due to this protest, the man who gives the slogan of Beti Bachao Beti Padhao this incident has raised a great question on this slogan. Moreover 36 M.P. are in the Loksabha who have been alleged of rape, this imposes question on the credibility of legislators where it is now seems that law on marital rape is a dream which will never be accomplished. In the colleges and University campuses this type of incident rate is increasing day by day where quote unquote ‘misadventure of youth’ has resulted in number of increasing incident. Recently a 10 year girl was raped and now she have given birth to a baby and now that girl is in a mental trauma, these kind of cases are shocking to see and observe which clearly act against the definition of women in India. Time has come to stand up for them and have stringent and effective laws for the savior of the innocent girl and women so that after 10 years respect of women should not be confine to stones but that pictures changes to reality.