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Court noted that as per Modi's Medical Jurisprudence & Toxicology, it is impossible to anaesthetise a woman against her will while she is awake
The Allahabad High Court has granted bail to a man accused of raping a woman, who he allegedly rendered unconscious with chloroform. The woman asserted that the man conducted a sham marriage in 2022, made indecent videos of her, and threatened to release them.
The accused faced charges under IPC Sections 328, 376, 323, 344, 354-C, 384, 504, and 506.
The defense argued that the man was falsely accused, highlighting the victim's statement under Section 164 CrPC, where she claimed she was drugged by the accused and misled in her deposition to the Magistrate. They contended that her statement was unreliable and that the woman, being 20 years old, was a willing participant.
However, the state counsel opposed the bail, asserting that the accused used a chloroform-soaked handkerchief to render the victim unconscious and commit the crime.
The bench of Justice Krishan Pahal cited Modi's Medical Jurisprudence & Toxicology, noting that it is impossible to anaesthetise a woman against her will while she is awake.
"It is also impossible for an inexperienced man to anaesthetise a sleeping person without disturbance, so as to substitute artificial sleep for natural sleep. Hence the story often published in the lay press of a woman having been rendered suddenly unconscious by a handkerchief soaked in chloroform held over her face and then raped is not to be believed," the book reads.
Further, court emphasized the principle of "Presumption of Innocence Unless Proven Guilty," observing no evidence suggesting the accused might flee or commit further offenses.
Therefore, given the lack of corroborating injuries, without passing judgment on the case's merits, court granted bail.
Case Title: Ravindra Singh Rathaur v. State of U.P.
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