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Allegedly, the accused offered the victim lift in his truck when she was waiting for a conveyance. As both lived in the same village, the victim boarded the truck and took the cold drink offered by the accused which made her unconscious. Thereafter, the accused took her to a lonely place, raped her and made a nude video of her.
The Allahabad High Court recently denied bail to a man in a rape case noting that the man not only committed rape upon a helpless victim but also made a nude video of her and got it viral.
Allegedly, in disguise of giving the victim woman lift, the accused, a co-villager of victim, took her to a lonely place, committed rape on her, made a nude video of her, and got it viral, thereafter.
After his bail getting rejected by the Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the accused filed an appeal before the High Court.
The bench of Justice Sanjay Kumar Singh upheld the judgment of the Special Judge and said,
"We must remember that a rapist not only violates the victim's privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. Rape is not merely a physical assault - it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female."
A case was lodged against accused Ayyub Khan last year under Sections 504, 506, 376, 328 IPC, Section 67(A) of Information and Technology Act and Section 3(2)(v), 3(1)Da and 3(1) Dha of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, at police station Ayana, district Auraiya.
After denial of bail by the Special Court, Khan moved a criminal appeal before the high court contending that the first information report, which was lodged by the victim herself, was registered with an inordinate delay. His counsel submitted that as per the FIR itself, the alleged incident took place on June 23, 2021, however, the FIR was lodged on July 7, 2021.
He further argued that in the medical examination report no spermatozoa was found, which belied the case of the prosecution and Khan was falsely implicated in the case. He alleged that the victim used to extract money from innocent persons and in Khan's case, failing in her such attempts, the alleged victim falsely implicated him with a concocted story.
On the other hand, it was argued by the Additional Government Advocate and counsel appearing on behalf of the victim that the victim in her statement under Section 164 Cr.P.C. fully supported the prosecution version. They further submitted that along with the case diary, CD of viral video of the victim was annexed.
Taking note of the submission and material available on record, Court observed that no spermatozoa was found in the sample of the vaginal swab of the victim because the medical examination of the victim was done 17 days after the incident, whereas, the longest a sperm can survive in fertile cervical fluid or the uterus is five days.
Therefore, considering the overall facts and circumstances of the case, gravity of offence, role assigned to the appellant and severity of punishment, Court opined that there was no good ground to release him on bail.
Case Title: Ayyub Khan @ Guddu v. State of U.P. and Another
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