While dealing with a bail application matter, the Allahabad High Court rejected the plea of a person accused of raping his girlfriend along with other accused. The high court has said,
Having consensual sex with a major girl is not an offence, but is unethical, immoral and against established Indian norms.
Case:
On February 20, 2021, an FIR was lodged against four accused under Sections 376-D, 392, 323, 504, and 506 of Indian Penal Code and sections 5 and 6 of the POCSO Act at Akil Sarai police station of Kaushambi district.
According to the FIR, the alleged victim went to take sewing lessons at a stitching centre on February 19 and had spoken to her boyfriend Raju over phone and planned to meet him. Later, they meet at a secluded place near a local river. After some time, three other persons reached there, abused and beat up Raju, snatched his mobile and allegedly committed the crime with the victim.
Allahabad High Court:
Justice Rahul Chaturvedi, while dismissing the bail plea of Raju, one of the accused in the case, said that it was the duty of the man claiming to be the boyfriend of the girl to protect her when she was being sexually harassed by the co-accused. The court observed,
The moment the applicant submits that the victim is his beloved, it was his binding duty to protect the dignity, honour and reputation of his girlfriend.
If a girl is major one, then to have sex with her consent is not an offence, but certainly it is unethical and immoral and also not in consonance with the established social norms of the Indian society.
The court remarked,
He remained a silent spectator when the co-accused persons were brutally sexually assassinating his beloved in front of him and no effort to put a stiff resistance was made by him so that the soul and body of the victim could be saved from further butchering by these flesh vultures.
The court also added,
The conduct of the applicant is highly deplorable and unbecoming of a boyfriend, who could not save his girlfriend from these offenders.
The chivalrous boyfriend as per statement of the victim u/s 164 CrPC has taken his girlfriend (alleged victim) to the police station to lodge the FIR and by doing this, he alleged to have performed his duty qua his girlfriend.
After examining the material placed on record and the contents of the FIR, the court in its decision dated October 21 denied bail to the applicant, stating that it cannot be said with certainty that the applicant had got no association or connection with the remaining co-accused.
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