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Justice Rahul Chaturvedi of Allahabad High Court has remarked that If a girl is a major, then to have sex with her consent is not an offence, however it is unethical, immoral and also not in consonance with established social norms of the Indian society.

The Court was hearing a bail application of the accused, who is the boyfriend of the rape victim.

Facts

The victim, a girl of 15 years of age while going for her stitching lessons one day, spoke to her boyfriend over the phone and they made plans to meet.

After her classes, she met her boyfriend, the accused and bail applicant in the case, and went with him to a local secluded place, where the accused expressed his desire to have sex with the victim.

It was stated that despite her stiff resistance, the applicant was successful in establishing a physical relationship with her.

During this period, three other persons reached the spot, abused and beat the applicant, snatched his mobile phone and proceeded to rape the victim. As they committed the act, they took each others' names as Gulshan and Satyam, enabling the victim to identify them.

The accused boyfriend submitted that there was a delay in lodging the FIR giving the victim “ample time to cook up a story.”

Furthermore, it was contended that by statements of the victim recorded under Sections 161 and 164 of the Code of Criminal Procedure, she had admitted that the applicant was her boyfriend and he had had consensual sex with her.

He contended that because he was her boyfriend he had every right to have pre-marital sex with her and his act was after acquiring “tacit consent” of the victim.

VIEW OF COURT

The Court denied bail to the accused boyfriend stating that, "the moment the applicant submits that the victim is his beloved, it was his binding duty to protect the dignity, honor and reputation of his girlfriend."

It further said that "if a girl is a major, then though to have sex with her consent is not an offence, it is certainly unethical, immoral and also not in consonance with the established social norms of the Indian society."

The Court further noted that the accused boyfriend remained a silent spectator without putting up any resistance when his girlfriend was being ravaged by the other accused. 

The Court stated in this regard,

“The conduct of the applicant is highly deplorable and unbecoming of a boyfriend who could not save his girlfriend from these offenders."

"The chivalrous boyfriend as per the statement of the victim had taken her to the police station to lodge an FIR and by doing this, he is alleged to have performed his duty qua his girlfriend." 

Noting thus, the court rejected the bail application looking at the evidence, gravity and nature of the offence.

Cause Title: Raju vs State of Uttar Pradesh