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NEW DELHI: Declining bail to a man who allegedly raped his fiancee and later refused to marry her, the Delhi high court said on Monday courts need to take a strict view of such cases.
Justice V K Jain refused to grant bail to the man, Nishant (name changed), who had filed a petition for anticipatory bail in a case where he is accused of raping a girl who was approved by his family and had even got enagaged to him.
"If a girl surrenders herself to a boy who comes in contact with her for the first time only in connection with a proposal for her marriage and then enters into a formal ceremony of engagement..she does it not because she loves him or wants to have pleasure with him, but because she doesn't want to disappoint her future husband,'' the HC held, rejecting the argument of the accused that it was consensual sex.
The HC said if a view was taken that persuading a girl to have physical relations on the false promise of marriage, despite having no such intention, does not constitute rape, "this will amount to putting premium on a conduct which is not only highly reprehensible and abhorable but also criminal in nature.''
The courts cannot and should not give such a license to those who keep on looking for opportunities to exploit the sentiments and vulnerability of girls who perceive marriage as a pious bonding and not a union of two bodies, the court said.
Nishant had come in contact with the victim through a marriage portal and their family agreed to their marriage. Subsequently, their parents arranged the pre-marriage ceremony roka. After the ceremony, the couple used to meet frequently and the accused had allegedly forced the girl to have sexual relation against her wishes. Later, the boy refused to marry her and she filed a criminal complaint against him after which he absconded. Apprehending arrest, the accused approached the court for bail.