A single bench of the Allahabad High Court on Saturday rejected the bail plea of a gangrape accused and said that that having sex with the consent of an adult is not a crime, but it is unethical, immoral, and against established norms of the Indian society.
The court, while dismissing the bail plea one of the four accused in the case, observed that it was duty of the petitioner, claiming to be the boyfriend of the girl, to protect her when she was being sexually harassed by the other co-accused.
The court held that if the victim is the girlfriend of the petitioner, then it becomes his duty at that very moment to protect her honour, dignity, and reputation.
“If a girl is major one, then to have sex with her consent is not an offence, but certainly it is unethical and immoral and also not in consonance with the established social norms of the India society,” the high court observed.
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The court said that the conduct of the petitioner at the time of the incident has been “condemnable”, adding that he doesn’t deserve to be called a boyfriend. He kept watching silently as the girlfriend was being gang-raped in front of him, the court observed.
“The body and soul of the beloved kept getting hurt by the vultures, he did not even protest a little”, court added.
WHAT IS THE CASE?
According to reports, on February 19, the victim had gone to take stitching lessons at a sewing centre. At 8 am, she called her boyfriend,Raju, and planned to meet him. Later, the two met on the bank of a river. After some time, three other persons reached the spot. They allegedly beat up Raju and snatched his mobile phone. They then reportedly gang-raped the victim.
On February 20, 2021, an FIR was lodged against four people under relevant sections of the POCSO Act and the Indian Penal Code at Akil Sarai police station in Kaushambi.
While hearing the case, the Allahabad High Court denied bail to the applicant, stating that it cannot be said with certainty that the petitioner had no relation with the co-accused persons.
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