Allahabad High Court grants bail to man accused of raping his alleged wife with chloroform

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Summary

The Allahabad High Court has granted bail to a man accused of raping a woman whom he allegedly rendered unconscious with chloroform. The woman alleged that the man performed a fake marriage in 2022, made indecent videos of her and threatened to release her.

The accused was charged under sections 328, 376, 323, 344, 354-C, 384, 504 and 506 of the International Penal Code.

The defence argued that the man was falsely accused and referred to the victim’s statement under Section 164 CrPC in which she claimed that she was drugged by the accused and misled in her statement before the magistrate. They claimed that her statement was unreliable and that the 20-year-old woman was a voluntary participant.

However, the prosecutor opposed bail, claiming that the accused used a handkerchief soaked in chloroform to render the victim unconscious and thus commit the crime.

Judge Krishan Pahal cited Modi’s Medical Jurisprudence & Toxicology and held that it was impossible to drug a woman against her will while she was awake.

“In addition, it is impossible for an inexperienced man to undisturbedly anesthetize a sleeping person and thus replace natural sleep with artificial sleep. Therefore, the story often published in the lay press of a woman who was suddenly rendered unconscious by holding a handkerchief soaked in chloroform in front of her face and who was then raped is not credible,” the book states.

In addition, the court emphasized the principle of “presumption of innocence until proven guilty” and saw no indication that the defendant might flee or commit further crimes.

Since there were no serious injuries, the court granted bail without making a decision on the case.

Case Title: Ravindra Singh Rathaur v. State of Uttar Pradesh