India is a conservative society; unmarried girls don't indulge in carnal activities for fun without assurance of marriage: Madhya Pradesh HC

While rejecting a bail plea, the Madhya Pradesh High Court has remarked that India is a conservative society where unmarried girls don't indulge in carnal activities for fun without assurance of marriage (Abhishek Chouhan v. State of MP)..Justice Subodh Abhyankar rejected the bail plea of a rape accused and said that India has yet not reached such a level where unmarried girls indulge in carnal activities with boys just for fun. "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.".It also said that a boy who is entering into a physical relationship with a "lass" must realize that his actions have consequences and that he should be ready to face the same."This Court is also of the considered opinion 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. You just cannot plead consent on the part of the prosecutrix and laugh all the way to your home," the court said.India 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 marriageMadhya Pradesh High Court .The Court was hearing a case where it was alleged that the accused had committed rape on the prosecutrix on the pretext of marriage. A First Information Report (FIR) was registered in the case under Section 376 (Rape) and Section 366 (Kidnapping, abducting or inducing woman to compel her marriage) of the Indian Penal Code and various provisions of the Protection of Children from Sexual Offences (POCSO) Act..Counsel for applicant/accused submitted that his client and the prosecutrix had an affair since two years, and that the prosecutrix entered into a physical relationship with the applicant on her own free will as she is aged around 21 years. She falsely stated that the incident took place around three years ago, he added.Further, it was argued that the parents of the prosecutrix and the applicant opposed their marriage as they are from different religions - the applicant is a Hindu whereas the prosecutrix is a Muslim. Hence, it cannot be said that the applicant has committed rape on the prosecutrix on the pretext of marriage..On the other hand, counsel for the State submitted that no case for grant of bail is made out as the applicant had repeatedly committed rape on the prosecutrix on the pretext of marriage since October 2018.Further, it was highlighted that he refused to marry her and informed her on June 1 that his marriage was fixed to some other person. Following this, the prosecutrix attempted to commit suicide by consuming phenyl, but ultimately survived..The Court took note of the fact that the prosecutrix had tried to commit suicide, which apparently shows that she was serious about the relationship, and that it cannot be said that she entered into the relationship only for enjoyment..Hence, after considering the material placed on record and the submissions, the Court rejected the bail plea of the applicant/accused."On due consideration of the rival submissions and on perusal of the case diary, 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 religion.".[Read order]