Allahabad HC grants bail to man accused of raping ‘wife’ using anaesthetic
XFile photo of Allahabad High Court
NEW DELHI: The Allahabad High Court has granted bail to a man accused of raping a woman by allegedly rendering her unconscious with chloroform.
The court relied on medical view that it is not possible for an inexperienced man to anaesthetise a sleeping person without disturbance, and substitute artificial sleep with natural sleep.
“The story often published in the lay press of a woman having been rendered suddenly unconscious by a handkerchief soaked in chloroform held over her face and then raped is not to be believed,” the court said.
Justice Krishan Pahal cited JP Modi’s Medical Jurisprudence & Toxicology, which states that it is “impossible to anesthetize a woman against her will while she is awake.” Ravindra Singh Rathaur was accused of entering into a physical relationship with a woman, the complainant in the matter, after performing a fake marriage in 2022.
Rathaur allegedly concealed the fact that he already had two children from a previous marriage. The woman claimed that Rathaur had rendered her unconscious using chloroform and recorded her private moments in videos, which he threatened to upload online.
Justice Pahal emphasised the principle of ‘Presumption of Innocence Unless Proven Guilty,’ citing the Supreme Court’s decision in Satender Kumar Antil Vs CBI.
The court, while allowing bail application of the accused on Thursday, said that a person’s right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away merely on accusation until guilt is established beyond reasonable doubt.