In the Supreme Court of India Criminal Appeal No. 1842 of 2019 (Arising out of SLP (Crl.) No. 7666 of 2018) Petitioner Abdul Sattar Respondents State of Uttar Pradesh Date of Judgement 29th November, 2019 Bench Hon’ble Justice S.A. Bobde, C.J.I., B.R. Gavai and Surya Kant, JJ.
Facts of the Case
The accused has been charged with the rape of a girl who is alleged to be a 14
years of age. There is one statement on record that her age is 16 years, but for the purpose of the present matter it does not make much difference. Suffice it to say that the alleged rape is committed on a young girl. The High Court has noted the opinion of a Doctor that the girl was habituated to sex.
Issue
Can the victim being habitual to rape be considered as valid defence in the act of rape?
Held
- The doctor’s opinion had the HighCourt to consider the case of the accused sympathetically.
- The court was of the view that thefact that victim of rape is habituated to sex, cannot be a valid defence against the act of rape. With regard to the other circumstances of the case, the court was of the view that the bail granted to the Respondent-accused vide order dated 03.04.2018 passed by the High Court should be hereby cancelled. Order accordingly.
- The Respondent No. 2, accused was ordered to surrender before the concerned Judicial Magistrate, Police Station Ratnapuri, Muzaffarnagar, Uttar Pradesh within a period of four weeks from today.
- The criminal appeal was disposed of accordingly.
“The views of the authors are personal“
