The Allahabad High Court recently emphasized the importance of considering the statement of the prosecutrix as a primary factor in rape cases, while cautioning that it cannot always be assumed to be entirely truthful.

Justice Sanjay Kumar Singh, in his ruling on a bail application, acknowledged that although the statement of the prosecutor holds significant weight, there must not be a presumption of complete veracity in all cases.

The case involved a married woman who accused the defendant of rape, criminal intimidation, and breach of trust, despite having engaged in a long-term extramarital relationship with him. She claimed that the accused deceived her with promises of marriage and career prospects, leading to repeated instances of sexual exploitation, financial deceit, and threats.

However, the defense argued that their relationship was consensual, supported by evidence of frequent communication and mutual involvement.

The court noted several inconsistencies in the prosecutor's account, including her continued participation in the relationship after the alleged assaults, which suggested possible consent. It also highlighted that she did not object to the relationship after the initial incidents, choosing instead to stay with the accused and later moving to her parental home. The bench concluded that her actions implied a willingness to engage with the accused.

Consequently, taking into account the facts, evidence, and the nature of the offence, the court granted bail to the accused.