Statement Of Prosecutrix To Be Given Primary Consideration In Rape Case; But Her Version Can't Always Presumed To Be The Entire Truth: Allahabad HC

The Allahabad High Court has held that while in the matter of rape, the statement of the prosecutrix should be given primary consideration, it cannot always be presumed to be the entire truth.

The Court was considering a Bail Application under Section 439 of Cr.P.C. by the accused who was charged under Sections 376(2)N, 342, 452, 406, 504, 506, 323 IPC and Section 67 I.T. Act.

The single-bench of Justice Sanjay Kumar Singh observed, "....Record shows that the victim had inclination towards the applicant and had willingly gone with him. Prosecutrix agrees to have sexual intercourse on account of her love and passion for the applicant. No doubt in the matter of rape, the statement of the prosecutrix should be given primary consideration, but at the same time, it should also be kept in mind that nowadays there can be no presumption that in all the matters, prosecutrix would always tell the entire story truthfully."

The Applicant was represented by Advocate Vishal Pandey while the Respondent was represented by Government Advocate Arvind Kumar Sahu.

Facts of the Case

The Prosecutrix got FIR lodged against the Applicant and four other persons alleging inter-alia that her marriage was solemnized five years ago. The applicant used to visit her house. In the meantime, the applicant offered a job in his office, where she started working. The applicant told the victim that he would get a government job for her and took gold ornaments worth Rs. 5 lacs and on the pretext of job, he took her to Krishna Residency Hotel and forcibly committed rape with her. On making resistance by the victim, he promised to marry her. Thereafter, on the pretext of job, he took her to the hotel at Lucknow many a times and committed misdeed with her there. He also committed misdeed with her at his office situated at Kargaina. On asking of the applicant, the victim started living at her parental house. The applicant also physically abused her at his Visharatganj office. Thereafter, the victim went to the house of the applicant to get her ornaments back. made her hostage, beaten her and asked her to forget the ornaments otherwise they will kill her. When she made complaint to Senior Superintendent of police, the police of concerned police station is mounting pressure for compromise.

Counsel for the Applicant submitted that the victim is a married lady and the applicant is known to her since long and he used to visit the house of the victim. It was contending that despite being married, victim was having extramarital affair with the applicant and it was not a case of rape but a case of consensual relation between the parties concerned. He pointed out various chats between the victim and the applicant to show that the victim was voluntarily and deeply concerned and inclined towards the applicant. It was further submitted that when husband of the victim and other family members came to know about the relation of the victim with the applicant, then victim in order to save her skin got the first information report lodged after a delay of one and a half year on the false and concocted stories. It was also submitted that since victim is already a married woman, therefore, there was no question on the part of the applicant to make promise for marriage with the victim. So far as allegation of making the photographs of the victim viral was concerned, it was argued that there is no obscenity in the said photographs.

On the other hand hand, Additional Government Advocate submitted that the victim and the applicant both were class-fellow and the applicant used to come to the house of the victim and gradually their acquaintance and meeting turned into intimacy towards each other, which culminated into love affair. The applicant taking the benefit of innocence of the victim, sexually exploited her.

Reasoning By Court

The Court noted that the victim made physical relation with the applicant number of times. If victim was not consenting, she could complained just after first and second incident but she did not do so, rather she allowed herself to be sexually misused by the applicant giving consent of the same and at the insistence of the applicant, she leaving her matrimonial home went to her parental home and started living there.

It was of the view that there is material on record to prove her inclination towards the accused and thus her version cannot be believed in the particular matter in this context.

The Application was accordingly allowed.

Cause Title: Abhishek Bhardwaj vs. State of U.P. (2025:AHC:3448)

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