Impossible To Anaesthetise A Sleeping Woman Against Her Will: Allahabad HC Grants Bail In Rape Case

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  • Impossible To Anaesthetise A Sleeping Woman Against Her Will: Allahabad HC Grants Bail In Rape Case
  • admin
  • 27 Jul, 2024

Allahabad High Court Grants Bail to Ravindra Singh Rathaur in Rape Case
 
In a recent ruling, the Allahabad High Court granted bail to Ravindra Singh Rathaur, who faced allegations of rape and other serious offenses. Justice Krishan Pahal delivered the judgment on July 24, 2024, in Criminal Misc. Bail Application No. 24630 of 2024.
 
Case Background
 
Rathaur was accused of initiating a physical relationship with the complainant under the guise of a fake marriage in 2022. It was alleged that he hid the fact that he had two children from a previous marriage. The complainant also claimed that Rathaur had used chloroform to render her unconscious and recorded indecent videos, threatening to make them public.
 
Key Legal Issues and Court's Decision
 
1. Credibility of the Allegations: The court referred to Modi's Medical Jurisprudence & Toxicology, which states that it is impossible to anaesthetize a person against their will using chloroform while they are awake. This significantly cast doubt on the complainant's claims.
   
2. Presumption of Innocence: Justice Pahal emphasized the legal principle that a person is presumed innocent until proven guilty, citing the Supreme Court’s decision in *Satender Kumar Antil Vs. Central Bureau of Investigation and Ors. (2022).
 
3. Right to Liberty: The judgment underscored that a person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be revoked based solely on accusations without substantial evidence proving guilt beyond a reasonable doubt.
 
4. Lack of Corroborating Evidence: The court noted the absence of medical reports or injuries to support the prosecution’s narrative, weakening the case against Rathaur.
 
5. Previous Criminal History: Rathaur had no criminal record except for two FIRs filed by the same complainant, which further influenced the court’s decision.
 
Important Observations
 
Justice Pahal highlighted a key passage from Modi's Medical Jurisprudence & Toxicology: "It is impossible for an inexperienced person to anesthetize a sleeping person without disturbance, so as to substitute artificial sleep for natural sleep. Hence, the often-published stories of a woman being rendered suddenly unconscious by a handkerchief soaked in chloroform and then raped are not to be believed."
 
The court reiterated that the primary objective of bail is to ensure the accused's presence at trial. It was noted that there were no substantial indicators suggesting that Rathaur might flee, obstruct justice, or intimidate witnesses.
 
In light of these considerations, the court granted bail to Ravindra Singh Rathaur, stressing that the allegations lacked sufficient evidence and credibility to deny his liberty pending trial.
 
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