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‘Unmarried girls in the country do not indulge in sex just for fun’: Says MP High Court rejecting bail to man accused of rape for consensual sex

Justice Subodh Abhyankar of the Madhya Pradesh High Court (Indore Bench) noted that a boy entering into a physical relationship with a girl must realise that his actions have consequences and should be ready to face the same.

The Madhya Pradesh High Court yesterday said that unmarried girls in the country do not indulge in sexual acts just for fun. The court further added that unmarried indulge in sex only when they are assured of marriage by their partners. The court made the comments while hearing a bail plea of a man accused of rape for indulging in consensual sex with a woman promising marriage, and later refusing to marry the adult woman.

According to the reports, Justice Subodh Abhyankar of the Madhya Pradesh High Court (Indore Bench) noted that a boy entering into a physical relationship with a girl must realise that his actions have consequences and should be ready to face the same. The justice said that India is a conservative society, and it has not yet reached an advanced level of civilisation, where girls indulge in sexual activities with boys just for fun.

“India are a conservative society, it has not yet reached such level (advance or lower) of civilisation where unmarried girls…indulge in carnal activities with boys just for the fun of it, unless the same is backed by some future promise or assurance of marriage,” the Madhya Pradesh High Court (Indore Bench) observed.

The High Court was hearing a case in which the petitioner was implicated in a case for an offence punishable under Sections 376, 376(2)(N), 366 of the IPC and under sections 3, 4,5-I, 6 of the Prevention of Children from Sexual Act. The prosecution has alleged that he raped a girl on the pretext of marriage. However, the accused’s counsel argued that the alleged victim was major at the time of the alleged offence and that she was a consenting party.

The petitioner, a Hindu, argued that the girl’s parents, a Muslim, are opposed to their marriage as both of them are from different religions. The accused said that he is being implicated in the case.

However, the Madhya Pradesh government has argued that the guy committed rape on the girl on the pretext of marriage since October 2018 and subsequently refused to marry her. They claimed that the accused later informed the girl that he was getting married to someone else, leading to the girl attempting to die by suicide, but fortunately, she survived.

The court noted that the girl didn’t indulge in sex only for enjoyment, but she was serious about the relationship, which was proven by her attempt to suicide. Therefore, the court rejected the bail plea of the man. “This Court does not find it to be a fit case for grant of bail as apparently the applicant has 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 said.

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