Allahabad High Court: In a bail application plea filed for releasing the accused on bail for offences under Sections 376, 316, 506 of the Penal code, 1860 (‘ IPC') and Section 3 read with Section 4 of Protection of Children from Sexual Offences Act, 2012 (‘ POCSO') during pendency of trial, Siddharth, J. while granting bail to the accused, said that this is another case where after enjoying the live-in-relationship the young couple have parted ways. The girl, like in most cases, has lodged FIR in vain, to enter secure relationship of marriage with the accused and come within ambit of the socially accepted norms and relationship of marriage.
In this case, there is an allegation against the accused that he committed rape on false promise of marriage for one year of her live-in relationship with him. When the victim became pregnant, he gave her medicine for abortion. She requested the accused to marry her, but he refused. The accused made incriminating video of the victim and based on the same he threatened her and committed offence of rape all through against her.
The accused submitted that the victim in her statement recorded under Section 164 Code of Criminal Procedure, 1973(‘CrPC') has admitted that she was having relationship with the accused for one year and entered in physical relation with consent with him and got pregnant. Thereafter the accused refused to marry her, and an FIR was lodged against him. She has made allegation that two more persons committed offence of rape against her. As per the ossification test report of the victim she has been found to be 19 years. Therefore, she is major not minor. The accused has been in jail since 18-4-2023 and has no criminal history.
The victim submitted that as per school leaving certificate of class VIII, the victim is aged about 16 years and 8 months only. Further, prayed for directing the accused to marry her.
The accused submitted that the victim has been married to some other boy therefore there is no possibility of marriage with accused.
The Court said that this is another case where after enjoying the live-in-relationship the young couple have parted ways. The girl, like in most cases, has lodged FIR in vain, to enter secure relationship of marriage with the accused and come within ambit of the socially accepted norms and relationship of marriage.
As per the Court, on the face of it the relationship of live-in sounds very attractive and lures the youth but as the time passes and middle-class social morality / norms start staring in their face, such couples gradually, realize that their relationship has not social sanction and it cannot continue for life. They start feeling that in the absence of social acceptance of their relationship, they cannot live a fulfilling and normal social life. Their children will also face social eradication and may blame them for life. Some fortunate ones, who are only exceptions, continue with the same or get married. In the majority of cases the break-ups take place between the couple.
The Court further said that after break-up it becomes difficult for the female partner to face the society. The middle-class society does not look upon such separated female as normal. From social ostracization to indecent public comments become part of her post-live-in relationship ordeal. Then she somehow tries to get her live-in-relationship with the male partner get converted into relationship of marriage having social sanction. Thus, FIR like the present one comes into existence. The family members of such female live-in partner desperately try that their daughter / sister gets married to her male live-in partner. While it is not difficult to find another female live-in-partner or wife for the male counterpart of live-in-relationship, it is very difficult for female partner to find a male partner for marriage and the social middle class norms, irrespective of religion of the female partner, militate against her efforts to regain her social status. The Court also stated that there is no dearth of cases coming to the courts where the female partner of an erstwhile live-in-relationship commit suicide out of disgust caused by social ill behavior.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the parties, uncertainty regarding conclusion of trial; one sided investigation by police; accused being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court granted bail to the accused.
[Adnan v State of U.P., 2023 SCC OnLine All 778, Order dated 29-08-2023]
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