INDORE: The bench of Indore of the high court of Madhya Pradesh refused the release on bail to a man accused of “rape under pretext of marriage”, observing that unmarried girls in India “do not engage in carnal activities for pleasure “.
“In the considered opinion of this tribunal, with few exceptions, India is a conservative society. He has not yet reached such a level (advanced or lower) of civilization where unmarried girls, regardless of their religion, engage in carnal activities with boys just for fun, unless it is supported by a future promise, the assurance of marriage, ”observed judicial justice Subodh Abhyankar, adding:“ And to prove his point of view, it is not necessary every time a victim attempts to commit suicide as in the present case.
The complainant had taken poison on June 2 of that year, a day after she was allegedly refused marriage. The police took her “declaration of death”, but luckily she survived.
The accused faces charges under Articles 376 IPC (rape), 376 (2N) (repeated rape of the same woman), 366 (kidnapping or inciting a woman to force marriage) and various articles of the Pocso law at the Mahakal police station in Ujjain. His lawyer, Umesh Sharma, argued in court that the accused had a two-year affair with the complainant and that they had entered into a physical relationship of their own free will.
Sharma argued that the complainant was 21 and falsely stated, under pressure from family members, that the incident took place about three years ago. The parents of the accused and the complainant were against marriage because of their religion, so the accused cannot be said to have committed rape in these circumstances, lawyer Sharma said.
The government lawyer opposed the bail, saying the accused had repeatedly raped the woman since October 2018 under the pretext of getting married and, on June 1 of this year, refused to marry her because he was getting married elsewhere. This led to the suicide attempt, he stressed.
After hearing both parties, the court denied the accused bail and observed that in the majority of rape cases, the accused’s defense is that “the prosecutor was a consenting party and that in the In most cases, the accused benefits from the doubt.
“A boy who enters into a physical relationship with a girl must realize that his actions have consequences and must be ready to face the same thing because it is the girl who is always at the end because it is she who is running. the risk of being pregnant and also her disgrace in society if her relationship is disclosed, ”the court said.