A married woman has complained that her lover raped her after ensuring to marry her. Now the lover and his parents spent time in jail, after the complaint. The 23-year-old man had to request the High Court to get bail.
The complaint was registered in the RMC Yard Police Station and the case is now pending before the IX Additional Chief Metropolitan Magistrate. The woman who is aged 24 and was in love with the 23-year-old for the last eight years. Her parents did not support the affair and got her married to her mother’s brother in 2014. Even after marriage, she lived with her parents. The relationship with her old lover, however, remained. It was at this point that they began a physical relationship. They traveled to various places together. Allegedly, the boy took her to a friend’s place and they visited there for three days.
The parents of the boy, forbidding their behavior took both of them home and beat them up. The girl was then sent to a church hostel. She fell sick and during the treatment, she realized that she was pregnant. The pastor informed this to the boy’s parents. After that, the pastor, the boy’s parents, and his aunt forced her to have an abortion. The boy’s parents and the pastor were freed on bail shortly by the trial court. The boy, however, lived in custody until he requested to the High Court. Since the others were freed on bail by the lower court and it was not confirmed if the boy was also present during the abortion, the High Court told he deserved to be freed on bail.
The HC in its judgment stated, “At present, no material is available to the Court to show that, at the time of aborting the pregnancy of the complainant, whether accused no.1 (boy) was also present or not. Therefore the charges presented against the petitioner that he has done rape on the complainant and also joined hands with other accused persons to do the alleged offense of abortion have to be established during the course of the full-dressed trial.”
The HC thought that the girl was also a consenting party. The HC said, releasing him on bail, “It appears the petitioner also stands on the same footing as that of the other accused persons. So far as the offense under Section 376 of IPC is concerned, the aspects whether the complainant is a consenting party to the alleged offenses or there was any cheating committed by the petitioner has to be established during the course of the trial.”