The Supreme Court of India on Monday was hearing a case of rape charges against a man, where the top court has granted protection from arrest to the accused for four weeks.
This case has two parts, however, several sections of the media have failed to bring out the essence of what CJI SA Bobde noted in the matter.
Point No. 1 – Rape on Pretext of Marriage
As reported by Bar and Bench, according to the the complainant, the UP based couple had been in a romantic relationship for more than 2-years, however, the woman had allegedly “refused to enter into a sexual relationship till marriage”.
The woman alleged that her consent was “obtained by fraud” since in February 2014, the couple went to Manali where they performed “marriage rituals at the Hidimba temple,” advocate Aditya Vashishtnath appearing for the woman, submitted.
The man denied that any marriage took place contending that the live-in relationship was a consensual one while the woman maintained that the consent for sexual intercourse was was obtained “by fraud” since she had believed the temple wedding to be a “real marriage.”
CJI Bobde observed that the top court had “settled the matter” in similar earlier judgments where he stated,
Making a false promise of marriage is wrong. No one should falsely promise marriage and break off. But that is different from saying that the act of sexual intercourse is rape.
Point No. 2 – Brutality in Relationship Is Not Rape
The woman had filed an FIR for rape only after the man (her former partner) married another woman.
The Allahabad High Court had, in 2019, rejected the plea by the petitioner to quash the FIR. The High Court order was in challenge this week before the Supreme Court, where CJI Bobde asked,
If a couple is living together as man and wife, the husband may be a brutal man, but can you call the act of sexual intercourse between a lawfully wedded man and wife as rape.
One must note that this statement has been misconstrued where CJI is questioning alleged rape charges in an alleged violent relationship.
The woman also raised allegations that the accused man had “brutally exploited” her, and she had to visit a hospital due to injuries caused to her private parts by the man. On another occasion, she had a fractured leg, it was alleged. The CJI suggested,
Then you file a case for assault and marital cruelty. Why file a rape case?
CJI also questioned whether the abuse within a “relationship of marriage” could be considered rape.
Arguments On Behalf Of Petitioner
Advocate Vibha Datta Makhija, appearing for the accused, submitted that the lady had filed such complaints earlier too. Makhija said,
It’s a habitual act of this lady. She had committed this act with two others in office.
The petition alleged that the woman in question had asked the wife of the accused to “kill him” and that was the only way “she (wife of accused) will be happy in her life.”
It was further contended that after the man refused to give money to the woman (complainant), she lodged an FIR against him for offences under Sections 376, 504 and 506 of Indian Penal Code.
Supreme Court
The Court proceeded to grant protection from arrest to the accused man for four weeks, but declined to pass any orders on his plea to quash the FIR. The bench commented,
You apply for discharge from the case in the trial court after evidence is collected.
The petitioner was represented by Advocate on Record Pushkar Sharma.
Request all MDO readers to post this detailed article wherever you come across ill-informed outrage on this case.
CLICK ON THE LINK TO READ SUPREME COURT ORDER
ALSO READ –
http://voiceformenindia.com/in-the-law/allahabad-high-court-acquits-man-who-spent-20-years-in-jail-on-false-charges-of-rape-and-sc-st-act/
http://voiceformenindia.com/in-the-news/ghatkesar-b-pharma-student-cooked-up-false-kidnap-and-gang-rape-story-hyderabad/
http://voiceformenindia.com/in-the-law/woman-files-false-rape-complaint-against-neighbour-in-ups-ghaziabad/
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