SHIMLA: Deciding on the anticipatory bail application of a person accused of rape, Himachal Pradesh high court said that it is up to the woman to maintain her purity , chastity and virtues.

The court observed that no doubt, it is the responsibility, moral and ethical both, on the part of man not to exploit any woman by compelling or inducing her for sexual relationship. But then it is ultimately the woman herself who is the protector of her own body and therefore, her prime responsibility to ensure that in the relationship, she protects her own dignity and modesty, it added.

In his August 6 judgment, Justice Tarlok Singh Chauhan said a woman is not expected to throw herself to a man and indulge him promiscuity thereby becoming a source of hilarity. He said once the prosecutrix knew that the petitioner is a married man, it was for her to restrain herself and not indulge in intimate activities.

Court said that petitioner is a married man having children while victim is a widow also having children. While examining the records court said that record reveals that parties are not strangers and in fact the affidavits and other documents placed on record do suggest that they shared a relationship which was more than "just friends".

"It is the case of the prosecutrix that she has been subjected to sexual intercourse for the last one and half years on the pretext of marriage. However, the record reveals that it is a classical example where a relationship has gone sour," court added.

Additional advocate general appearing for the state contended that petitioner is accused of a serious offence, while citing various decisions of Apex court to grant bail, court observed that seriousness of the allegations or the availability of the material in support thereof is not only the considerations for declining the bail.

"After-all, at the pre-conviction stage, there is presumption of innocence. That apart, the object of keeping a person in custody is only to ensure his availability to face the trial and receive the sentence that may be passed," the court observed.

The court said that on the basis of records, it cannot be said that the petitioner would be in any manner interfere with the trial of the case and it is not even the allegation of the prosecution that petitioner would flee from justice. "In such eventuality, it is otherwise open to the prosecution to approach this court for cancellation of bail," it added.

While allowing the petition, the court directed the petitioner to be released on bail in FIR registered at Police Station Chotta Shimla on July 28 this year under Section 376 IPC, on his furnishing personal bond in the sum of Rs 20,000 with one surety of the like mount to the satisfaction of Judicial Magistrate Ist Class, Shimla. The court also imposed certain conditions on him.

"Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial court shall decide the matter uninfluenced by any observation made hereinabove," court added.

