On Saturday, August 14, Justice Subodh Abhyankar at a Madhya Pradesh High Court virtual hearing observed and opined that India being a conservative society hasn't advanced to a level where girls indulge in carnal activities just for fun, without an assurance of marriage.
His observance has come in light of a recent case where a Hindu boy coerced a Muslim girl to enter into a physical relationship on the pretext of marriage and later, refused to do so. The girl, a major, tried to take her life but survived.
The single-bench of justice Subodh Abhyankar refused the bail plea of the boy implicated in the case for offence 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. He also stated that a boy who is entering into a physical relationship with a lass must realize that his actions have consequences and should be ready to face the same.
Case background
The accused, a Hindu boy, and the prosecutrix, a Muslim girl, both students had been in a relationship since 2018. In June 2021, the boy told the girl that they cannot marry as his marriage is fixed elsewhere by his parents who stand opposed to their inter-faith relationship. The prosecutrix upon hearing the news attempted suicide after writing a suicide note, but fortunately survived. While the girl's family accused the boy of forcing her into a sexual relationship, the latter has declared that since the girl isn't a minor, it cannot be so.
The accused/ applicant, who has been in jail since June 4, had applied for bail in the MP high court against the fact that it was a consensual decision and no rape was committed on the prosecutrix. However, the prosecutrix's counsel has requested against the grant of bail submitting that the accused repeatedly committed rape on the girl on the pretext of marriage.
Court's verdict
The Court upon completion of the virtual hearing observed that in the majority of the 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.
The judgment furthered, "... In the considered opinion of this Court, barring some exceptions, India are a conservative society, it has not yet reached such level (advance or lower) of civilization where unmarried girls, regardless of their religion, indulge in carnal activities with boys just for the fun of it, unless the same is backed by some future promise/assurance of marriage."
The judge made a strong point highlighting, "... to prove her point, it is not necessary every time for a victim to try to commit suicide as in the present case."
Justice Abhyankar, citing his reasons for bail denial, also stated that it is always the girl who is at the receiving end and runs the risk of getting pregnant in such relationships and being exposed to public shame.
"... the prosecutrix has tried to commit suicide which apparently shows that she was serious about the relationship and it cannot be said that she entered into the relationship only for enjoyment. In such circumstances, this Court is not inclined to allow the present bail application," read the Court order made available by Live Law magazine.
