Sub-Judge Got Bail in Rape Case - J&K HC

In October 2021, a fast track court in Jammu convicted Sub-Judge Rajesh Kumar Abrol of violating Sections 420 (cheating) and 376 (rape) of the Ranbir Penal Code (RPC).

The High Court of Jammu & Kashmir and Ladakh has granted bail to sub-judge Rajesh Kumar Abrol (appellant), who was convicted by a fast track court in Jammu in 2018 for raping and cheating a woman who had sought his legal assistance

The High Court was hearing an appeal against a fast track court's October 2021 judgement convicting and sentencing Abrol to ten years in prison for rape (Section 420 of the Criminal Procedure Act) and cheating (Section 376 RPC).

According to the prosecution, the victim, a resident of the Ramban district, met Abrol while she was defending herself in court. Abrol, a judge, promised legal assistance and requested domestic support from her. Having a child to support, the woman began working in the home of Abrol, who also promised her daughter a better education. The accused promised to pay her a monthly salary of 5,000. The appellant ended the victim's marriage to her husband by procuring a notarized divorce decree. Later, when Abrol learned that she was planning to leave his home, he pleaded with her to remain, placed Maang on her forehead, and assured her that she would henceforth be his wife.He also disclosed that he had divorced his wife and had been living alone for the past seven years. By these actions, the defendant obtained the victim's consent to engage in sexual activity with her. She yielded to his pressure without disclosing it to anyone.

According to the prosecution, after one year of marriage to Abrol, the woman discovered that he had betrayed her, as he was already married to another woman, his second wife, following the dissolution of his first marriage.

The trial court stated in its order of conviction that there was a complete chain of events and facts indicating that the accused committed the crime, and that all the circumstances brought to light and established were consistent with the accused's guilt and inconsistent with his innocence.

On appeal, Abrol's attorney argued that the request for suspension of sentence and bail should be liberally considered unless there is a statutory restriction.The Additional Advocate General opposed the appeal on the grounds that the appellant ruined the survivor's life under the guise of marriage and therefore does not merit leniency.

After examining the opposing arguments, the High Court determined that there is no statutory restriction or prohibition against suspending the appellant's sentence and releasing him on bail. Therefore, the court suspended Abrol's sentence and granted him bail.

D.D:30.05.2022

Rajesh Kumar Abrol V/s  UT of J&K