Prasagraj: Observing that it is necessary for the legislature to provide a clear and specific legal framework for handling cases where the defendant obtained approval for sexual relations on false promises of marriage, the High Court of Allahabad on Tuesday was observed, “this feudal mindset.
And chauvinism men What women are just objects of pleasure must be handled strictly and handled strictly to create a healthier society and to increase the security and protection in the female mind “.
While making justice this observation Pradeep Kumar Srivastava refused the criminal appeal submitted by one Harshvardhan Yadav from Kanpur, looking for guarantees in alleged rape cases.
The applicant was accused of being a sexual relations with a woman at a false promise to marry her.
The court also believes that making a false promise of marriage with the intention of mala to deceive the victim to become a phenomenon and that it is widely trusted by people who are accused of escaping the criminal responsibility and punishment in these cases.
“For the population of the main women in our society, the promise of marriage is a great attraction and they are trapped in situations that produce their sexual abuse and exploitation,” the next court was added.
In addition, the court utilizes it to such a law enacted, the court must consider the social reality and reality of human life and continue to provide protection to such women who have suffered due to false promises of marriage.
Applicants Accused – Harshvardhan Yadav – currently in prison, appeal criminal against the rejection of the implementation of a guarantee by the Court below in a case listed in the IPC 376 (rape) and section 3 (2) 5 of the laws SC / ST.
The victim woman is the scheduled police.
He was called by the defendant in a hotel to complete their marriage and prepared documents associated with him, however, in a hotel room, he allegedly raped him, according to his advice.
After that, on the same day, he proposed FIR.
And support the Cemara version both in the statement given to the investigation officer (IO) below section 161 and to the judge below 164 criminal procedure code (CRPC).
The court noted that the case relates to one action of sexual relations and FIR has been submitted on the same day.
The court noted that the delay of 17 hours at the FIR Inn was not significant because they argued that a lot of time was reasonable to make a decision to file a cantilizer directly to someone who planned to get married.
The court observed that the victim fell in love and there were family obstacles in their marriage as mentioned by the defendant, and therefore, the court feels natural that he goes to the hotel because the applicant wants to speak to prepare for the preparation of the document for the wedding of the court.
Significantly, while rejecting the application of the guarantee, the court observed that the defendant never really wanted to marry the victim and had a motif of Fide Mala, and had made a false promise to get married just to satisfy his lafes, and this, the addition, of course fell in the cheating and Play fraud to get approval for sex.
“There is no need to mention that the promise of fake marriage and always, in the main part of our society, it has become an effective tool from naughty men to create emotional pressure on a woman for having sex,” added further.
Furthermore, while ignoring the appeal of seeking guarantees, the court concluded, said, “Getting approval for sexual relations with false promises of marriage must be referred to as the agreement given to misunderstanding and must be raped.
The court cannot be a silent audience and licenses them Try to exploit innocent girls and have sexual relations with them with the pretext of false promises of marriage.
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