Uttarakhand HC: The Uttarakhand High Court, whereas listening to a case, mentioned that lately Section-376 of the Indian Penal Code (IPC) is being misused by girls towards their companions attributable to variations. He mentioned that this legislation which punishes for rape is getting used as a weapon.
A single bench of Justice Sharad Kumar Sharma was listening to the matter. He made this remark whereas listening to a case during which a girl had accused her former companion of rape after she refused to marry him.
What did the courtroom remark?
The High Court remarked that ladies are indiscriminately misusing this legislation towards their male companions attributable to variations or for different causes. Justice Sharma, whereas listening to the case on July 5, made the comment whereas quashing the prison proceedings towards the boy. The girl had accused him of getting intercourse along with her on the pretext of marriage.
Is that this the entire matter?
The girl lodged a grievance on June 30, 2020, saying that the accused Manoj Kumar Arya was having consensual intercourse along with her since 2005. In line with the grievance, each had promised one another that they might get married as quickly as one among them acquired a job. In line with the grievance, the accused and the complainant had bodily relations underneath the promise of marriage, however the accused later married one other girl and their relationship continued even after that.
The High Court commented, “When the complainant had voluntarily maintained the connection even after figuring out that the accused particular person was already married, then the consent itself is included in it.” The courtroom mentioned that the veracity of an assurance of marriage needs to be examined on the preliminary stage of coming into right into a relationship by mutual consent and never at a later stage.
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