MP HC | In India, a girl would not indulge in carnal activities with boys just for enjoyment, unless the same is backed by some future promise; Court denies bail in allegation of rape

Madhya Pradesh High Court: Subodh Abhyankar, J., dismissed a bail application wherein the applicant was implicated for offence punishable under Sections 376, 376(2)(N), 366 of the Penal Code, 1860 and under Sections 3, 4,5-I, 6 of the Prevention of Children from Sexual Act.

The allegation against the applicant was that he committed rape on the prosecutrix on the pretext of marriage.

Counsel for the applicant, Mr Umesh Sharma submitted that the applicant and the prosecutrix had an affair since last around two years and both of them were students. It was further submitted that the prosecutrix entered into physical relationship with the applicant on her own free will as she is aged around 21 years and had falsely stated that the incident had taken place around three years ago, only under the pressure of prosecutrix’ family members. It was further submitted that the parents of the prosecutrix and the applicant were opposed to their marriage as both of them were from a different religion as the applicant was a Hindu whereas the prosecutrix was a Muslim.

Counsel for the respondent/State, Mr S.R. Saxena submitted that no case for grant of bail is made out as the applicant had repeatedly committed rape on the prosecutrix on the pretext of marriage since October 2018 and subsequently he refused to marry her and informed her that his marriage was fixed to some other place and hence he cannot marry her as a result of which led the prosecutrix to attempt to commit suicide by consuming phenyl and this fact was also disclosed in her dying declaration but fortunately she survived.

The Court also after perusal of the records was of the view that it was not a fit case for grant of bail as apparently, the applicant had allured the prosecutrix to enter into a physical relationship on the pretext of marriage despite knowing fully well that both of them were from a different religion.

The Court opined that 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 and to prove her point, it is not necessary every time for a victim to try to commit suicide as in the present case.

This Court was also of the considered opinion 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 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. You just cannot plead consent on the part of the prosecutrix and laugh all the way to your home.

The Court dismissed the bail application stating that the action of the prosecutrix of committing suicide shows that she was serious about the relationship and it cannot be said that she entered into the relationship only for enjoyment.[Abhishek Chouhan v. State of M.P., 2021 SCC OnLine MP 1475, decided on 03-08-2021]


Suchita Shukla, Editorial Assistant has reported this brief.

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