Prima Facie No force; act done in presence of husband & child: State Counsel files Report before Madhya Pradesh HC on rape video shot by victim

In a rape case, the Madhya Pradesh High Court at Gwalior Bench recently granted bail to the accused. Court passed the order taking into account the report filed by State Counsel on the video of the incident which was shot by the victim woman herself.

On the last date of hearing, the court had ordered the State Counsel to ascertain whether in the video the woman was consenting or reluctant as alleged by her. 

In pursuance of the same, the state counsel filed his report which stated that the video prima facie did not show force, coercion or any kind of threat being held up to the prosecutrix.

As per the report, in the room where the prosecutrix was alleged to have been raped, there was another person lying on the steel cot who had covered himself up and also there was a child on the cot. 

The report stated:

"...the video reflects the applicant and the prosecutrix committing the sexual act in the same room in the presence of the other person, who is suspected to be the husband of the prosecutrix and the video does not show any kind of coercion or any type of conversation or threat between the applicant and the prosecutrix and the activities stops upon the child starting to cry".

Taking the same into account, the bench of Justice Atul Sreedharan allowed the bail application filed by the accused. 

The alleged victim, who was a married woman, had filed an FIR for the offences punishable under Sections 376, 376(2)(n), 456, 506 of IPC against the accused alleging that he committed rape upon her.

In her statement recorded under Section 164 CrPC, the victim alleged that she herself had made a video of the purported rape by the accused on her.

Taking the same into account, on the last date of hearing, the court had requested the counsel for the State to call for the Investigation Officer with the pen drive containing the said video and peruse the same in the Advocate General Officer without saving the file to their machine.

"Thereafter, return the pen-drive to IO and place a report before the court on whether the action of the prosecutrix reveals consent or resistance to the alleged act or whether she appears to be a consenting and cooperating partner in the act", the court had ordered. 

The woman and her husband have alleged that they were involved in a land deal with the accused and a sale deal was done between the accused and the woman's husband for Rs. 9 lakhs. 

However, when the woman's husband failed to get the promised land to the accused as well as could not return the money, the accused started threatening the couple. Allegedly, the accused pressured the woman to establish physical relations with him. 

The woman claimed that when the accused raped her, she recorded it. She placed it before the court to support her case.

Case Title: JITENDRA BAGHEL Vs THE STATE OF MADHYA PRADESH