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Boy Entering Physical Relationship With Girl Must Realise Consequences: MP High Court

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MP High Court On Premarital Sex: The Madhya Pradesh High Court on Saturday was hearing a case where a man was accused for raping a minor on the pretext of marriage since October 2018 and subsequently refusing to marry her. In its order passed on August 14, denying bail to the accused, the high court (Indore Bench) 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.”

As per a report by Live Law, the Indore Bench of Justice Subodh Abhyankar also suggested that a man who is entering into a physical relationship with a young woman must realise that his actions have consequences. He went on to add that the accused should be ready to face the same.

What’s the case?

The man is facing a case under Sections 376 (rape), 376(2)(N) (Punishment for sexual assault), 366 (Kidnapping, abducting or inducing woman to compel her marriage) of the Indian Penal Code (IPC) and under Sections 3, 4,5-I, 6 of the Prevention of Children from Sexual  (POCSO) Act. The parents of the girl were opposed to their interfaith marriage as both of them are from a different religion. 

The person is accused of committing rape on the pretext of marriage. His counsel, however, argued that the survivor was not minor at the time of the alleged offense and that she was a consenting party. Later, he disclosed to her that he was getting married to someone else, and the girl attempted suicide but survived.

The Court observed that the accused should not be bailed out as he reportedly allured the girl to enter into a physical relationship on the pretext of marriage despite being fully aware that both of them are from different religions. However, emphasising that India is a conservative society, the Court further noted, “it is the girl who is always at the receiving end” because it is she who runs the risk of being pregnant. He added saying there’s also her ignominy is at risk 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 Bench stressed.

Feature Image Credit: Prameya News