Nainita: High Court. file photo
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Jagran correspondent, Nainital. The High Court has canceled the case of rape and kidnapping registered against a soldier serving in the army. The court clarified that if the relationship between two adults is consensual, then subsequent refusal to marry does not automatically amount to rape. A single bench of Justice Ashish Naithani, hearing the case, said criminal law should not be used to seek personal vendetta or settle failed relationships.
The matter pertains to Berinag police station of Pithoragarh district. Where in the year 2022, a girl had filed an FIR against Gurpal Singh. The allegation was that the accused called her outside the house on the pretext of marriage and took her to a hotel and had physical relations. Later, when the accused refused to marry her, the girl filed a case against him for kidnapping and rape.
The court, after studying the case documents and the statements of the victim, found that both the parties knew each other since 2019 and were in touch through internet media. The court remarked that the victim had left her house of her own free will and went with the accused. In this case, no essential element of kidnapping was present, because the girl was an adult and had decided to go along with her on her own free will.
The single bench said in the decision that sexual relations based on the promise of marriage can be considered rape only when it is proved that the intention of the accused was to cheat from the beginning. In the present case, no such evidence was found to suggest that the accused had obtained consent from the beginning with the intention of not marrying. The Court acknowledged that there is a clear distinction between a failed relationship and fraud.
During the hearing it also came to light that even in the medical report dated February 23, 2022, there was no confirmation of forced sexual abuse or use of force. The court found that the prosecution did not have any solid basis which could prima facie prove the offense under rape. The defense had argued that it was a consensual relationship between two adults, which was misrepresented.
The single bench emphasized that it would be an abuse of law to force the accused to go through the long and arduous process of trial where the allegations are completely baseless. Therefore, it is necessary for the Court to exercise the inherent powers under Section 482 to ensure justice and prevent unnecessary oppression.
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