Tags Bail Rape

Madhya Pradesh High Court (Single Judge)

MCRC, 29708 of 2021, Judgment Date: Aug 03, 2021

Law laid down -

1. It is held that, in majority of the cases of rape, the defence of the accused is that the prosecutrix was a consenting party and in most of the cases the accused gets the benefit of doubt also, but in the considered opinion of this Court, barring some exceptions, India are a conservative society, it has not yet reached such level (advance or lower) of civilization where unmarried girls, regardless of their religion, indulge in carnal activities with boys just for the fun of it, unless the same is backed by some future promise/assurance of marriage and to prove her point, it is not necessary every time for a victim to try to commit suicide as in the present case.

2. It is also held that, a boy who is entering into a physical relationship with a lass must realize that his actions have consequences and should be ready to face the same as it is the girl who is always at the receiving end because it is she who runs the risk of being pregnant and also her ignominy in the society, if her relationship is disclosed.

Abhishek Chouhan s/o Kailash Chouhan vs. State of Madhya Pradesh