Supreme Court On Rape Case: The Supreme Court on Tuesday (July 11) closed the case by which the Allahabad High Court had sought an astrological report on the horoscope of the sufferer. The Supreme Court had taken suo motu cognizance of this order of the High Court. The Supreme Court disposed of the matter on the plea of the complainant and the counsel for the State of Uttar Pradesh that the bail utility filed on behalf of the accused was rejected because of non-prosecution and therefore the matter has grow to be infructuous.
In reality, a case was registered in opposition to an individual for having a relationship on the pretext of marriage. In this case, the accused particular person refused to marry the woman, calling her Mangali. After which the High Court had sought an astrological report on the horoscope of the sufferer. Taking suo moto cognizance of this matter, the Supreme Court has referred to as it pointless.
What did the Supreme Court say?
The holiday bench of the court docket had stated that it’s not essential to know whether or not the sufferer is Mangali or not. The High Court ought to take a call on bail in keeping with the details. Whereas issuing discover to the events concerned within the case and the UP authorities, the Supreme Court had requested for a listening to after July 10. The matter was earlier than a division bench of Justice Sudhanshu Dhulia and Justice CT Ravi Kumar.
bail plea rejected
Justice Dhulia stated that in its earlier order, the court docket had left the proper to the High Court to contemplate the bail utility on the premise of benefit. Nevertheless, it took observe of the submission that the bail plea was dismissed for non-prosecution and the case was closed. The state’s counsel knowledgeable the court docket that the cost sheet has been filed.
The sufferer made these allegations
A bench of Justice Brij Raj Singh of the High Court had handed this order on the bail plea filed by the accused in a case of alleged rape by false promise of marriage. The accused had argued in protection that the girl couldn’t be married as a result of she was auspicious. In the High Court, the sufferer had argued that the accused had sexual relations along with her by falsely promising to marry her and that he by no means meant to marry her.
The accused had stated that marriage couldn’t happen between him and the sufferer as a result of the sufferer is Manglik. Refuting this allegation, the sufferer’s lawyer stated that she will not be affected by ‘Mangal Dosh’. On this, the High Court directed the Head of the Division (Astrology Division) of Lucknow College to take a call on whether or not the woman is Mangali or not. Which was banned by the Supreme Court.
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