The Supreme Court today took objection to an Allahabad High Court order which granted bail to a man accused of committing rape against a college student while observing that the victim had “herself invited trouble” and was “responsible” for the alleged act of rape.

For context, the victim alleged before the High Court that the accused, whom she met at a bar, raped her twice in his relative’s apartment after she had agreed to go to his place to rest, as she was heavily intoxicated and needed support after consuming alcohol.

“This Court is of the view that even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same. Similar stand has been taken by the victim in her statement. In her medical examination, her hymen was found torn but doctor did not give any opinion about the sexual assault,” a Single Bench observed, as it allowed accused’s bail plea.

The bench added that as an MA student, the victim was competent enough to understand the “morality and significance of her act” as disclosed by her in the FIR.

Referring to the High Court’s order, Justice BR Gavai remarked that granting bail is one thing, but asked why must a Court make such remark. The judge underlined the need for judges to be careful with their words and sensitive in their approach.

In the same spirit, Solicitor General Tushar Mehta urged that justice should not only be done but must also be seen to have been done. How a common man, who is not well-versed with the legal nuances, would perceive such observations needs to be kept in mind, the SG said.

The observation came while a bench of Justices Gavai and AG Masih was hearing cases registered over another controversial Allahabad High Court decision, where it was held that grabbing the breasts of a minor girl, breaking the string of her pyjama and trying to drag her beneath a culvert would not come under the offence of attempt to rape. The matter was adjourned as service was incomplete.