Why to Blame the Boy Only, When Sex was Consenting- Bail Granted to Rape Accused

On Wednesday, the Himachal Pradesh High Court granted bail to a man who took up a Hindu name, despite him being Muslim, to establish sexual relations with a woman by promising to marry her but backed out later.

An FIR for offences u/s 506,376, 419,201 r/w Section 34 of IPC was registered against the accused.

Allegations against the Petitioner

It was alleged that the petitioner introduced himself as Vicku Sharma to the woman, but his real name was Abdul Rehman.

The victim told the Court that she fell in his trap and had sexual relations with him as he had promised to marry her.

According to the victim, she gave the accused a total of 1,85,000 on different occasions and that the family members of the accused refused to get the couple married as belonged to a Scheduled Caste.

The victim also alleged that the accused abused her, had beaten her mercilessly and also threatened that he would throw acid on her if she revisited his house.

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Observation and Decision of the Court

Hon’ble Court observed that the victim was 21 years of age and was pursuing a course after passing class 12th.

The Court noticed that the petitioner did not involve her parents while pursuing marriage, but she herself visited the house of the accused.

It was further noticed that the victim was unable to explain how she got a considerable amount of money that she allegedly gave to the victim.

The Court opined that both the parties were adults when they established coitus and putting the blame entirely on the boy ‘would be stretching too far’.

After going through the evidence, the Court opined that further incarceration of the accused was unwarranted.

Conditions of the Bail  

As a condition to the bail, the Court directed that the accused will not stalk, stare, make any calls or remarks and will not try to contact the victim either physically or through social media.

The Court also directed the accused to surrender his arms license along with any arms or ammunition to the authorities within 40 days.

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