While denying bail to a man accused of rape on the promise of marriage, a bench of the Madhya Pradesh High Court recently said that unmarried girls in the country do not engage in sexual activities unless they are assured of the promise of marriage, LiveLaw reported.

The court refused bail to a youth who was accused of raping a girl for 3 years on the pretext of marriage. The bench comprising Justice Subodh Abhyankar stated that a boy entering into a physical relationship with a girl must realize that his actions have consequences and he must be ready to face them.
The accused and the complainant were in a relationship for nearly 3 years till the boy was arrested on 4 June 2021 on rape charges. The girl had tried dying by suicide on June 2 by consuming phenyl after the accused expressed his inability to marry the girl.
The accused and the girl belonged to different religions.

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The man’s counsel, however, argued that the woman was not a minor (21 yrs) when the offense took place and that the sexual intercourse was consensual. It was also claimed that the woman had lodged a false case under pressure from her family after the accused expressed his inability to marry her.

The accused claimed, his, as well as the girl’s parents, were opposed to their relationship since he is Hindu, and the complainant is Muslim. On considering the rival submissions and after a perusal of the case diary, the court found it was not a “fit case for grant of bail”.

While denying the bail, the judge noted that the accused had “apparently 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“. The court also stated that the girl was committed to the relationship, which also prompted her to attempt suicide after it ended.

The bench comprising Justice Subodh Abhyankar stated that a boy entering into a physical relationship with a girl must realize that his actions have consequences and he must be ready to face them 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 bench further observed, “India are a conservative society, it has not yet reached such level (advance or lower) of civilization where unmarried girls…indulge in carnal activities with boys just for the fun of it unless the same is backed by some future promise/assurance of marriage.

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