The Allahabad High Court while granting bail to a man accused of raping his married live-in partner has remarked that Indian Society hasn't yet embraced 'live-in-relationships' and thus it becomes difficult for a woman to live alone after fallout of one.
The single-judge bench of Justice Siddharth observed that the present case is also one case where the disastrous consequences of live-in relationship has come on the scence.
"It is difficult for a woman to live alone after breaking of live-in relationship. The Indian Society at large does not recognizes such relation-ship as acceptable. The woman therefore is left with no option but to lodge first information report against her live-in partner, like in present case," he added.
The facts of the case was that the applicant lived in live-in relation-ship with the victim for 1 & 1/2 years who was married and had two kids. She became pregnant on account of live-in relationship with the applicant while the latter refused to marry her. It was alleged that he sent obscene photographs of the victim to her husband which led to him not accepting her back as well.
Counsel for the Applicant argued that the victim being a major willingly entered into live-in relation-ship with the applicant, understanding well the consequence of such relation-ship and has not alleged that things started with the promise of marriage. He further submitted that his client was in jail since 24.11.2022 and has no criminal history to his credit.
The Court granted the applicant, after taking into consideration, number of factors nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties, uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. 2022 Latest Caselaw 527 SC
The Court also cited, one major issue of 5-6 times overcrowding in jails over and above their capacity by the under trials.
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our
journalism free from government and corporate pressure .
0 Comments