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Unmarried Indian girls do not engage in carnal activities for the sake of fun unless they are assured of marriage, according to the MP High Court. "India is a conservative society," the Madhya Pradesh High Court recently observed. "It has not yet reached such a level (advanced or lower) of civilization where unmarried girls...engage in carnal activities with boys just for the fun of it, unless the same is backed by some future promise/assurance of marriage." Justice Subodh Abhyankar's bench further stated that a boy engaging into a physical connection with a lass must understand that his acts have repercussions and that he must be prepared to face those consequences. A quick summary of the situation The accused/applicant in front of the Court has been charged with an offence punishable under Sections 376, 376(2)(N), 366 of the IPC, as well as Sections 3, 4,5-I, and 6 of the Prevention of Children from Sexual Act. It was stated that he raped the prosecutrix under the guise of marriage, but his lawyer maintained that the accused victim was a minor at the time of the alleged crime and that she was a willing participant.
It was also claimed that the girl's parents were opposed to their marriage since the applicant and the prosecutrix are of different religions (the applicant is a Hindu and the prosecutrix is a Muslim), thus he had been implicated in this matter. The State, on the other hand, claimed that he frequently raped the prosecutrix under the guise of marriage since October 2018 and then refused to marry her. After that, when he told the victim that he was getting married to someone else, the prosecutrix tried to commit suicide, but she was saved. Observations of the Court The Court stated at the start that the applicant/accused did not deserve to be released on bail since he allegedly enticed the prosecutrix into a sexual connection under the guise of marriage despite the fact that they are of different religions. Furthermore, the Court stated that in the majority of rape cases, the defence contends that the prosecutrix was a willing participant, and that in most circumstances, the accused also receives the benefit of the doubt.
The Court, however, emphasised that India is a conservative society. Finally, observing that the prosecutrix attempted suicide, indicating that she was serious about the connection, the Court remarked that it cannot be claimed that she got into the relationship just for pleasure, and so denied the accused's bail petition.
Tags : INDOR BENCH #BAIL DENIED #UNMARRIED GIRL #CONSENT #PROMISE TO MARRY #CONSENT OF MINOR GIRL FOR MARRIAGE #MADHYA PRADESH HIGH COURT
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