In a recent ruling, the Allahabad High Court granted bail to an accused in a complex case involving allegations of rape within a family. The court stated that while the relationship between the brother-in-law and the sister-in-law might be considered immoral by some, it does not constitute rape given the consensual nature of their involvement and the adult status of the complainant.
Justice Sameer Jain, presiding over the case, noted discrepancies in the statements given by the complainant. Initially, under Section 161 of the Code of Criminal Procedure (CrPC), she denied the accusations. However, her subsequent statement under Section 164 CrPC aligned with the prosecution’s narrative, accusing the accused of rape.
The court emphasized that the relationship was consensual and highlighted the lack of a criminal history for the accused, who was arrested in July 2024. This decision has sparked discussions on the boundaries of legal and ethical behavior in personal relationships, underscoring the complexities of consent and familial ties in legal proceedings.
