Allahabad HC rape case remarks: Why make such observations? SC asks
New Delhi (PTI): The Supreme Court on Tuesday took exception to the Allahabad High Court's recent remarks in a rape case as reportedly saying the complainant "herself invited trouble", and wondered why it made such observations while deciding a bail plea.
The high court recently granted bail in the rape case, observing the complainant "herself invited trouble" by agreeing to go to the applicant's house after getting drunk.
The apex court's observations came when it was hearing a suo motu case over the Allahabad High Court's separate order of March 17 in which the high court said grabbing breasts and pulling the drawstring of a woman's "pyjama" or lowers did not amount to the offence of attempt to rape.
"There is another order passed by another judge of the same high court," a bench of Justices B R Gavai and Augustine George Masih said.
Justice Gavai went on, "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."
Solicitor general Tushar Mehta asked how a common man perceived such observations was required to be kept in mind.
The bench adjourned the hearing in the suo motu case for four weeks.
On March 26, the apex court stayed the high court's March 17 order in the attempt to rape matter which meant the same couldn't be used in any judicial proceeding for seeking reliefs by the present set of accused or others.
The top court had said some of the observations made in the order reflected total "insensitivity" and "inhuman approach".
It had taken a suo motu cognisance of the matter after it was brought to the notice of Chief Justice of India Sanjiv Khanna.
The high court's March 17 order held that the attempt to rape offence was not made out against the accused and they were liable to be summoned for the lesser offence of assault or use of criminal force to woman with intent to disrobe her.
The high court's order had come on a petition by the accused challenging the order of a special judge in Kasganj through which they were summoned for the alleged offence under section 376 (rape) of IPC among other sections.
In another case, the high court passed an order granting bail to an accused and said, "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 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."
The court added, "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."
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
