Supreme Court: Taking Suo Motu cognizance of the matter where the Allahabad High Court had directed the Astrology Department of Lucknow University to determine if the alleged rape victim is a Mangalik, after the accused refused to marry her, the vacation bench of Sudhanshu Dhulia and Pankaj Mithal, JJ has stayed the said direction “in the interest of justice”.
In the case at hand, the accused, who had sexual relations with the woman alleging rape on the pretext of marriage, had refused to marry her after finding out that the woman had Mangal Dosh in her Kundali. The victim, on the other hand, submitted that she is not Mangalik.
The Allahabad High Court, hence, directed the Head of Department (Astrology Department), Lucknow University to decide the matter whether the girl is Mangalik or not and placed the matter for next hearing on 26-06-2023. The High Court directed the Head of Astrology Department to submit the report in a sealed cover within three weeks.
While the Supreme Court stayed this direction, it made clear that the High Court can take up the matter on merits of the bail application on 26-06-2023. The Supreme Court has also asked the parties to put before it the contentions/objections before the next date of hearing i.e. 10-07-2023.
[IN RE: ORDER DT. 23.05.2023 IN GOBIND RAI @ MONU VERSUS STATE OF UTTAR PRADESH (CRL. MISC. BAIL APPLN. NO. 13485/2022) PASSED BY THE HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH), 2023 SCC OnLine SC 730, order dated 03-06-2023]
Advocates who appeared in this case :
For Union of India : Mr. Tushar Mehta, SGI;
For Complainant : Mr. Ajay Kumar Singh, AOR.