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Madhya Pradesh HC dismisses bail plea of rape accused, says Indian girls don’t think of sex without assurance of marriage

The applicant is implicated in connection with case registered at Police Station- Mahakaal, DistrictUjjain (MP) for offence punishable under Sections 376, 376(2)(N), 366 of the I.P.C. and under Sections 3, 4,5-I, 6 of the Prevention of Children from Sexual Act.

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The Madhya Pradesh High Court has dismissed the bail application of a man, saying that India is a conservative society, which has yet not reached such a level of civilisation, where unmarried girls, regardless of their religion, indulge in carnal activities with boys just for fun, unless the same is backed by some future promise or assurance of marriage.

A Single Bench of Justice Subodh Abhyankar passed this order, while hearing a petition filed by one Abhishek Chouhan.

The applicant was implicated in connection with the case registered at Police Station Mahakaal, District Ujjain (MP) for offence punishable under Sections 376, 376(2)(N), 366 of IPC and under Sections 3, 4,5-I, 6 of the Prevention of Children from Sexual Offence (POCSO).

The applicant is in jail since June 4, 2021. The allegation against the applicant is that he committed rape on the woman on the pretext of marriage.

The Counsel for the accused submitted that he and the woman were having an affair for the past around two years and both of them were students.

It was further submitted that the woman entered into physical relationship with the applicant on her own free will as she is aged around 21 years and has falsely stated that the incident took place around three years ago, only under the pressure of her family members.

The Counsel alleged that the parents of the woman and the accused were opposed to their marriage as both of them were from different religions. The accused was a Hindu, whereas the woman belonged issues Muslim community. In such circumstances, it cannot be said that the accused committed rape on the woman, added the Counsel.

The Counsel for the respondent/State, on the other hand, opposed the prayer, submitting that no case for grant of bail is made out as the applicant has repeatedly committed rape on the woman on the pretext of marriage since October, 2018 and refused to marry her on June 1, 2021, stating that his marriage has been fixed with another girl and hence, he cannot marry the woman. After his refusal, the victim attempted suicide by consuming phenyl on June 2, 2021, but was saved by her family members.

On due consideration of the rival submissions and on perusal of the case diary, the Court does not find it to be a fit case for grant of bail as apparently, the accused has allured the woman to enter into a physical relationship on the pretext of marriage, despite knowing fully well that both of them are from different religions.

The Court observed that in majority of cases of rape, the defence of the accused is that the prosecutrix was a consenting party and in most of the cases the accused gets the benefit of doubt also, but in the considered opinion of this Court, barring some exceptions, India is a conservative society, it has not yet reached such level (advance or lower) of civilisation where unmarried girls, regardless of their religion, indulge in carnal activities with boys just for fun, unless the same is backed by some future promise/assurance of marriage and to prove her point, it is not necessary every time for a victim to try to commit suicide as in the case.

The Court is also of the considered opinion that a boy, who is entering into a physical relationship with a girl, must realise that his actions have consequences and should be ready to face the same as it is the girl who is always at the receiving end because it is she, who runs the risk of being pregnant and also her ignominy in the society, if her relationship is disclosed.

The Court dismissed the bail application. However, ut gave liberty to the accused to renew his prayer after the woman is examined in the trial court.

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