The Supreme Court on Friday made it clear that an accused cannot be granted bail in a rape case even if the victim of sexual assault is "habituated to sex".

"Habituated to sex is no ground for grant of bail," the CJI-led bench asserted

A bench of Chief Justice S A Bobde and Justices BR Gavai and Surya Kant took strong exception to Allahabad high court granting bail to the accused named Rizwan in a rape case. The Allahabad high court had into account a medical report suggesting that the victim was "habituated to sex". Moreover, the accused did not have any criminal history. In fact, they were in a consensual relationship.

Key Takeaways:

  • The Supreme Court has said that an accused will not be granted bail in a rape case even if the victim of sexual assault is "habituated to sex".
  • According to Supreme Court, even a woman of easy virtue is entitled to privacy.
  • No one can invade her privacy as and when he likes, said the SC.

"Habituated to sex is no ground for grant of bail," the CJI-led bench asserted. Following this, it took the decision of nullifying the bail granted to Rizwan on April 3, 2018, for the alleged incident. The SC ordered the accused to surrender before the Muzaffarnagar court. The time period given for the same is four weeks.

The HC in its order recorded that it was Uttar Pradesh police who, on the complaint of the girl's father, lodged an FIR under section 376 of Indian Penal Code and Sections 3/4 of Protection of Children from Sexual Offences (POCSO) Act. The girl underwent a radiological test and it was found that she was 16.

Also Read: Consensual Sex With Breach Of Promise To Get Married Not Rape: SC

In her statement under Section 164 of Criminal Procedure Code before a magistrate, the girl claimed Rizwan had sexually assaulted her after putting a country-made pistol to her head. She mentioned that her father came to her rescue after she raised an alarm.

The HC recorded submissions of Rizwan's counsel in its April 3, 2018 order, which read "Medical examination report reveals that the prosecutrix sustained no internal or external injury on her person... was also opined by the doctor that she was habituated to sex." Counsel for accused said the FIR was lodged because the girl's father saw the incident. He argued that giving a two-year margin in the age of the girl, as permissible under law, it may be well assumed that she was a consenting party. The accused was in jail since December 8, 2017."

Even a woman of easy virtue is entitled to privacy. No one can invade her privacy as and when he likes.-  Supreme Court.

The HC took into account "the nature of the offense, evidence, and complicity of the accused." Taking that into account, it said that it was a fit case for grant of bail. However, the SC found that the reason behind the granting of bail was "habituated to sex". It quickly cancelled the bail granted to Rizwan.

The Supreme Court thus remained adamant on its view that there should be no leniency in sexual assault cases. The court was firm, "She was honest enough to admit the dark side of her life. Even a woman of easy virtue is entitled to privacy. No one can invade her privacy as and when he likes. So also, it is not open to any and every person to violate her person as and when he wishes. She is entitled to protect her person if there is an attempt to violate it against her wish. She is equally entitled to the protection of law."

Also Read: Is #MeToo casting a shadow on sexual pleasure?