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P&H HC : The Rape Victim’s Prolonged Silence would make out a case for Granting Bail to the Accused

2 min read

Shivani Thakur

Published on: July 1, 2022, at 17:07 IST

The Punjab and Haryana High Court stated in a case where the prosecutor was an experienced woman and a court employee knowledgeable of the “consequences” and the legal remedies that a rape victim’s prolonged silence would make out a case for giving bail to an accused.

Justice Anoop Chitkara asserted: “The victim is an employee, mature lady and working in the court and she would know the consequences and legal remedies. Instead, her keeping quiet for such a long time will make out a case for bail to the petitioner.”

The victim, a “working matured adult lady,” claimed that the petitioner had slowly and steadily begun to build a friendship with her before eventually raping her. This was revealed to the Bench during the hearing.

Additionally, it was claimed that the petitioner forbade her from speaking to anyone while she was working in the court. In the event that she spoke to someone else, he would phone and berate her. If she refused, he would threaten to blackmail her by showing her naked pictures and videos to her father.

His attorney informed the Bench that a custodial probe would be completely pointless and that the petitioner and his family would suffer an irreparable injustice if they were detained pending trial. On the other hand, the state disagreed with the bail plea.

Justice Chitkara added the there was no need to comment further in the matter as it might prejudice the prosecution case.

 “The petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct….,” Justice Chitkara added.

Justice Chitkara directed that the petitioner would be released on bail in the event of his arrest in the case, subject to his furnishing a personal bond and a surety.