Justice Sinha also questioned the delay in filing the case against Saraswati and said that the victims were constantly accompanied by the informant and not by their parents.
Courts are guided by a four-step test from Mahesh Damu Khare v. State of Maharashtra (2024): Determine if the allegations, on their face, constitute a crime, assess the legitimacy of the settlement, take into account the impact on society, and make sure there is no abuse of process.
Mohammad Irshad had waited for the girl to return with the items she had purchased. Later, he forcibly took her to a secluded spot and committed the act of rape.