Rights under SC-ST Act shouldn't be misused and abused: HC

Prayagraj (UP), Dec 9 (PTI) The Allahabad High Court has said the rights granted to a victim under the SC-ST Act "should not be misused and abused".

The above observation was made while granting bail to two accused in a rape case.

Justice Anil Kumar granted bail to appellants Aznan Khan and Furkan Ilahi, pointing towards an unexplained delay of nine years in lodging the FIR and taking note of the "inappropriate" conduct of the victim, a practising advocate herself.

The victim got the FIR lodged this year, alleging that Ilahi met her in 2016, took her to a hotel and subsequently, to the residence of his friend, Khan.

She alleged that while Khan closed the door from outside, Ilahi raped her. She said she remained silent as Ilahi had assured her that they would get married.

The victim further alleged that the accused continued to have physical relations with her and forced her to consume pills that resulted in the termination of her pregnancy.

It was submitted on behalf of the appellants that the FIR was lodged after a massive delay of nine years, which was sufficient to show that the case was filed after legal consultation.

The appellants' counsel also pointed out that the victim herself is an advocate who got several cases lodged against the appellants and others. It was also contended that the instant FIR was a counterblast as one of the appellants had already got a case registered against the victim in August.

The court was informed that the victim got the FIR lodged merely 20 days after the case against her was registered.

The Uttar Pradesh government's lawyer argued that the delay was due to the "false promise" of marriage. It was also argued that the accused were threatening the victim to withdraw the case.

Taking note of the victim's conduct, the court said the appellants deserve bail given the facts of the case, the nature of the offence and the evidence presented before it.

However, in an important observation regarding the invocation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the judge, in his order dated November 24, said, "Before parting with this order, this court would like to mention that the opportunities and rights granted to a victim under the SC-ST Act, with an intention to afford the victim an opportunity to appear in each and every proceeding, should not be misused and abused." PTI COR RAJ RC