Granting conditional bail to former Union minister and BJP leader Swami Chinmayanand, who has been accused of rape by a law student in Shahjahanpur, Allahabad High Court said it was difficult to determine who exploited whom in the case.
“In fact, both of them used each other,” Justice Rahul Chaturvedi said on Monday.
In Monday's order, Justice Chaturvedi took note of the allegations that the woman and her three friends tried to blackmail the politician with the videos she shot while giving massages to the politician. The woman has, however, alleged that she went to Chinmayanand under threat from his “goons”. She had then started using a spy camera to make video clips.
“A girl whose virginity is at stake, not uttering a single word to her own parent or before the court regarding the alleged incident is astonishing conduct that speaks volumes about the ingeniousness of the prosecution story.”Allahabad HC Order, as quoted by NDTV
‘Matter of Quid Pro Quo’
The judge also noted material on record indicating that she and her family members enjoyed the “patronage” and “benevolence” of the politician.
“In the present scenario, where this court finds that it might be a case of quid pro quo, the intriguing question arises whether the applicant be granted bail or not?” the judge had noted.
“As pointed out earlier, that both the parties crossed their limits and at this stage it is very difficult to adjudicate as to who exploited whom? In fact, both of them used each other,” the bail order said.
“It is also noticeable that there is also nothing on record that during the period of the alleged atrocities committed upon Miss “A”, she made any complaint or even any whisper to her family members against the accused applicant,” the order said.
The judge said at this juncture the court draws the conclusion that “it was a complete matter of quid pro quo”.
But over a span of time there was greed to extract “more” and the woman tried to blackmail Chinmayanand through the “obscenic videos” recorded by her, the court observed.
What is the Case All About?
Justice Rahul Chaturvedi had issued the bail order on Monday, 3 February, on the plea filed by the BJP leader.
Chinmayanand had been arrested on 20 September under Section 376C of the IPC after the 23-year-old woman accused him.
The trial was also moved to the Lucknow district court based on the survivor's apprehension that Chinmayanad, being a powerful person in his home town Shahjahanpur where the trial is currently taking place, could tamper with evidence and influence the proceedings.
“The trial court will take up the case on priority basis, preferably on day-to-day basis and trial will be concluded within one year,” the court said.
The order directed Chinmayanand to file an undertaking stating that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court.
"In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law," the order said.
Justice Chaturvedi also directed senior superintendent of police, Lucknow, to ensure the security and safety of the survivor, her family members and witnesses during the entire trial period by deputing an officer of the rank of senior sub-inspector and armed constables for their protection.
Section 376C’s numbering makes it look like it may be a rape charge, but this is not so. It is applied when someone in authority takes advantage of his official position to "induce or seduce" a woman to have sex with him – “such sexual intercourse not amounting to the offence of rape.”
However, he had filed a counter-complaint in which he alleged that the law student and three other boys tried to extort Rs 5 crore from him.
The police had arrested four people, including the law student, on charges of extortion, after a video clip in which they were seen discussing the issue went viral. She was granted bail after two months, on 4 December.
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