Rights to a victim under SC/ST Act should not be abused: Allahabad HC

The Allahabad High Court granted bail to two accused in a rape case, emphasizing that victims' rights under the SC/ST Act should not be misused.

While directing to release on bail two accused in a case pertaining to the allegations of rape and offences under the SC/ST Act, the Allahabad high court observed that the rights granted to a victim under this special legislation “should not be misused and abused”.

The court found that appellants had made out a case for bail given the facts, the nature of the offence and the evidence. (For Representation)

Justice Anil Kumar granted bail to appellants—Aznan Khan and Furkan Ilahi—primarily pointing out the unexplained delay of nine years in lodging the FIR.

In the present case, the victim lodged an FIR in 2025, alleging that in 2016, Furkan met her, took her to a hotel and then to the residence of his friend Aznan Khan where Furkan outraged her modesty. She said she remained silent all these years due to Furkan’s assurance that he would marry her.

The victim further alleged that the accused continued to have physical relations with her and forced her to terminate her pregnancy. The court found that the appellants had made out a case for bail given the facts, the nature of the offence and the evidence.

However, in an important observation regarding the invocation of the SC/ST Act, the court in its order dated November 24 said, “Before parting with this order, this court would like to mention that opportunities and rights granted to victims 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”.