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“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”
Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.
“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”
“Accused is at the threshold of his adult life, halting his education and subjecting him to further custody at this stage would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality making him a hardened criminal posing a future perpetual threat to the society.”
“Constantly witnessing his peers moving ahead in life causes frustration which could create an emotion of rebellion, and coupled with the exposure to criminality in prison, it could easily gain traction and push him to become a hardened criminal.”
The accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.
Applicant materially contributed to the complainant’s accident and there is a degree of want of care and caution which has contributed to the negligence of applicant in his act of riding his two-wheeler too close in proximity to the complainant’s two-wheeler along with his headphones on while listening to music.
If applicant-wife has to travel with her 15-months’ old son, it will be more difficult for her, since boarding and alighting from the local train at any given time during the day is extremely difficult proposition considering that trains are always overcrowded.
Though petitioner’s parents have supported her sister’s decision to stay with Respondent 1 and his daughters due to her state of depression after losing her husband and daughter in the accident, this cannot be a consideration for this Court to consider that petitioner’s sister is the biological mother of petitioner’s daughters merely because she is the egg donor.