Before :- S.A. Bobde, CJI., B.R. Gavai and Surya Kant, JJ.
Criminal Appeal No. 1842 of 2019 (Arising Out of SLP(CRL.) No. 7666 of 2018). D/d. 29.11.2019.
Abdul Sattar - Appellant
Versus
State of Uttar Pradesh & Anr. - Respondents
For the Appellant :- Mr. Osama Suhail, Mr. Samamma Suhail, Mr. Animesh Khanna and Mr. Yash Pal Dhingra, Advocates.
For the Respondents :- Mr. Vishwa Pal Singh, Mr. Surjeet Singh, Mr. Ankit Gambhir, Ms. Pallavi and Mr. Ronak Karapuria, Advocates.
ORDER
Respondent No. 2 accused does not appear in spite of being served.
2. Leave granted.
3. The accused has been charged with the rape of a girl who is alleged to be a 14 years of age. There is one statement on record that her age is 16 years, but for the purpose of the present matter it does not make much difference. Suffice it to say that the alleged rape is committed on a young girl. The High Court has noted the opinion of a Doctor that the girl was habituated to sex. This appears to have led the High Court to consider the case of the accused sympathetically. We are of the view that the fact that victim of rape is habituated to sex, cannot be a valid defence against the act of rape.
4. Having regard to the other circumstances of the case, we are of the view that the bail granted to the respondent-accused vide order dated 03.04.2018 passed by the High Court be hereby cancelled. Order accordingly.
5. The respondent No. 2, accused shall surrender before the concerned Judicial Magistrate, Police Station Ratnapuri, Muzaffarnagar, Uttar Pradesh within a period of four weeks from today.
6. We, however, clarify that our observations are prima facie in nature and the same shall not be taken into consideration by the trial Court while deciding the matter.
7. The criminal appeal is disposed of accordingly.
