Unmarried Girls In India Don't Indulge In Carnal Activities Just For Fun Unless Assurance Of Marriage Is There: MP High Court

The Bench of Justice Subodh Abhyankar also opined 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.

The case in brief

The accused/applicant before the Court has been implicated in a case 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.

It has been alleged that he committed rape on the prosecutrix on the pretext of marriage, however, his counsel argued that the alleged victim was major at the time of the alleged offence and that she was a consenting party.

It was also argued that the parents of the girl were opposed to their marriage as both of them are from different religion as the applicant is a Hindu whereas the prosecutrix is a Muslim, therefore, he had been implicated in this case.

On the other hand, the State argued that he repeatedly committed rape on the prosecutrix on the pretext of marriage since October 2018 and subsequently refused to marry her.

Thereafter, when he disclosed to the victim that he was getting married to someone else, the prosecutrix attempted to die by suicide but fortunately, she survived.

Court's observations

At the outset, the Court opined that the applicant/accused did not deserve to be released on bail as apparently he allured the prosecutrix to enter into a physical relationship on the pretext of marriage despite knowing fully well that both of them are from different religions.

Further, the Court said that it has observed in a majority of the cases of rape that the defence side pleads that the prosecutrix was a consenting party and that in most of the cases, the accused gets the benefit of doubt also.

However, emphasising that India are a conservative society, the Court further noted thus:

"…barring some exceptions...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 and to prove her point, it is not necessary every time for a victim to try to commit suicide as in the present case."

"…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. You just cannot plead consent on the part of the prosecutrix and laugh all the way to your home," the Court further added.

Lastly, noting that the prosecutrix had tried to commit suicide which apparently shows that she was serious about the relationship, the Court observed that it can't be said that she entered into the relationship only for enjoyment, therefore, the Court rejected the bail plea of the accused.

Case title - Abhishek Chouhan v. State of Madhya Pradesh

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