'Office of lawyer not less respected than court of law': HC on sexual harassment of LLB student

ALLAHABAD: The office of a lawyer is not less respected than a court of law, the Allahabad High Court observed on Thursday while rejecting the bail application of an advocate accused of sexually assaulting his junior.

"The victim in the case was junior in the office of the applicant. The allegations are against a person practising law in uniform and who is involved in a noble profession. The office of a lawyer is not less respected than a court of law," Justice Samit Gopal observed.

"After having heard the counsel for the parties and perusing the record, it is evident that the applicant is named in the First Information Report (FIR) in the statements of the victim recorded under Criminal Procedure Code (CrPC) sections 161 and 164. The name of the applicant and the role assigned to him is consistent throughout," the court said.

"The allegations are of sexual assault and physical assault upon her, which had continued for a substantial long period. The act as complained of by her against the applicant is told by her in detail in her both statements. There has been no reason spelt out as to why the applicant is being falsely implicated," it remarked, rejecting the bail application of Rajkaran Patel, a High Court lawyer.

The FIR was registered at Civil Lines police station in Prayagraj district on April 7, 2021, under section 366 (kidnapping) of the Indian Penal Code by the survivor's father against Patel and Sipahi Lal Shukla, both lawyers of Allahabad High Court.

The complainant alleged that his daughter, aged about 22 years, is an LLB student and was practising in the court with Patel.

He alleged that both the accused enticed away his daughter.

Subsequently, IPC section 376 (rape) was also added during the investigation and after recording the survivor's statement.

The counsel for the applicant contended that Patel has falsely been implicated in this case.

"She is a major. According to her own version, she used to come to the High Court with an advocate and was working with him. Besides, she kept on changing and improving her versions," he alleged in the bail application.

However, the state counsel opposed the bail application, saying the advocate has exploited a law student on the pretext of imparting legal training to her through his office and courts.