Haryana HC rescinds sentences of 3 rape convicts, blames girl's promiscuous nature'

Chandigarh: The Punjab and Haryana High Court on Thursday suspended the sentences of three law students convicted of gangrape and blackmail observing that the victim's statement "offers an alternate conclusion of misadventure stemming from a promiscuous attitude and a voyeuristic mind."

On April 11, 2015, the 18-year-old had filed an FIR against the final year law students namely Hardik Sikri, Karan Chhabra and Vikas Garg at police station Rai Sonepat alleging that they had been raping and blackmailing her since 2013.

She alleged that they were in possession of her objectionable photos and used it to threaten her saying that they would make it viral. She also said that she was being forced into having physical relationships with them.

"We are conscious of the fact that allegations of the victim regarding her being threatened into submission and blackmail lends sufficient diabolism to the offence, but a careful examination of her statement again offers an alternate conclusion of misadventure stemming from a promiscuous attitude and a voyeuristic mind", division bench comprising Justice Mahesh Grover and Justice Raj Shekhar Atri said.

The bench further went on observing, "She states that he (one of the accused, Hardik) then sent his own nude pictures and coaxed me into sending my own nude pictures". The perverse streak in both is also revealed from her admission that a sex toy was suggested by Hardik and her acceptance of the same".

The three men had approached the High Court for bail following which it had placed conditions on them during the pendency of their appeal in a lower court against the conviction. The bench stated that the victim's narrative "does not throw up gut wrenching violence that normally precede or accompany such incidents."

“The testimony of the victim does offer an alternate story of casual relationship with her friends, acquaintances, adventurism and experimentation in sexual encounters and these factors would therefore, offer a compelling reasons to consider the prayer for suspension of sentence," it added.

Further in its order, applying the reformatory and rehabilitative justice in its order, the division bench has ordered counselling of all three accused at All India Institute of Medical Science (AIIMS) for "correcting their behavioural aberration."

“It would be a travesty if these young minds are confined to jail for an inordinate long period which would deprive them of their education, opportunity to redeem themselves and be a part of the society as normal beings. Long incarceration at this stage when the appeal is not likely to mature for some time is likely to result in an irreparable damage,” the bench said.

On March 24, 2017, the accused were convicted by a lower court in Sonepat. Hardik and Karan were sentenced to 20 years' imprisonment and found guilty of gangrape and other criminal offences. The third accused Vikas was sentenced to seven years in jail for rape and other crimes.

In its 12-page judgment, the High Court said, “We have considered the argument of the learned counsel and have thought it prudent to refer to the statement of the prosecutrix and her cross-examination… to gain and give an insight into the immature but nefarious world of youngsters unable to comprehend the worth of a relationship based on respect and understanding. The entire crass sequence actually is reflective of a degenerative mind set of the youth breeding denigrating relationships mired in drugs, alcohol, casual sexual escapades and a promiscuous and voyeuristic world.”

The High Court said "There is indeed no doubt that few allegations of the victim regarding blackmail, if correct need strongest condemnation with equal forceful retribution that the law mandates. But it also maintained that it is "equally worrisome is how to retrieve the youth who have dragged themselves and their families into an abysmal situation, be it the victim or the perpetrators."

"Indeed all the transgressions if established would demand retributory justice at the time of decision of the appeal, but while dealing with an issue of suspension of sentence, we are constrained to not only keep in mind the gravity of the situation and the offence, but also to strike a balance between the retributory reformatory and rehabilitative justice," the bench said.

While observing that the case is a "tragedy of sorts, driving four young lives and equal number of families into an abyss," the bench also said that "The perverse streak in both is also revealed from her admission that a sex toy was suggested by Hardik and her acceptance of the same."