India
Justice Sanjay Kumar Singh of the Allahabad High Court has come under scrutiny for granting bail to a rape accused, observing that the complainant “invited trouble” by going to the accused’s house after drinking alcohol. The controversial order has stirred strong reactions, particularly as it comes days after the Supreme Court stayed another insensitive rape-related judgment from the same court.
In his March order, Justice Singh stated that the woman, a postgraduate student, was “competent enough to understand the morality and significance of her act.” He further observed, “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.”
Who is Justice Sanjay Kumar Singh?
Born on January 21, 1969, in Mirzapur, Uttar Pradesh, Justice Singh completed his graduation in science from Ewing Christian College, Allahabad in 1988, followed by a law degree from Dayanand College of Law, Kanpur, in 1992. He enrolled as an advocate in May 1993 with the Bar Council of Uttar Pradesh and practiced at the Allahabad High Court.
He began his legal journey under the mentorship of his father, Late Shitala Prasad Singh, a noted criminal lawyer. Over the years, Justice Singh built experience across criminal, civil, service, and education-related cases. He was appointed additional judge in 2018 and became a permanent judge of the Allahabad HC in 2020.
What’s the case?
The case involved a woman who, along with friends, went to a bar and drank alcohol until 3 am. The defense argued that the woman voluntarily agreed to rest at the applicant’s home, and alleged that claims of rape were inconsistent with the evidence.
The judge noted that both parties were adults, stating, “The victim is a student of M.A. Hence, she was competent enough to understand the morality and significance of her act as disclosed by her in the FIR.” The court also noted that her medical report did not provide a conclusive opinion on sexual assault.
Granting bail, the court said, “Considering the facts and circumstances of the case, I am of the view that the applicant has made out a fit case for bail.”
Backlash and Context
The judgment has sparked widespread criticism, with Shiv Sena (UBT) MP Priyanka Chaturvedi stating, “The Allahabad High Court seriously needs better judges.” The comment reflects broader public concern over judicial insensitivity in sexual assault cases.
The incident follows another controversial verdict by Justice Ram Manohar Narayan Mishra from the same court, who ruled that touching a woman’s breasts and pulling her pyjama strings did not constitute an attempt to rape. The Supreme Court stayed that order, calling it “insensitive” and “inhuman.”
As India debates the role of judicial interpretation in sexual violence cases, judgments like these have reignited conversations about victim blaming and the need for gender-sensitive judicial training.
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