Marital Rape| Not A Case Of Any Forceful Compulsion To Develop Physical Relation- M.P. HC Grants Anticipatory Bail To Congress MLA
The Madhya Pradesh High Court, Jabalpur Bench in a marital rape case has granted anticipatory bail to a Congress MLA holding that it is not a case of any forceful compulsion by the applicant to develop physical relation with the prosecutrix.
A Single Bench of Justice Sanjay Dwivedi said, “Perusal of case diary, nature of allegations and submissions of counsel for both the parties, clearly reveal that at the time of developing physical relation prosecutrix was married. She is mentally sound, educated and is also in politics. Both the parties have filed material against each other to substantiate that they are not of good character. The legal position and the factual aspect of the case prima facie indicates that it is not a case of any forceful compulsion by the applicant to the prosecutrix to surrender before him and develop physical relation.”
The Bench without commenting on the merits of the case enlarged the applicant on anticipatory bail.
Senior Advocate Manish Datt appeared for the applicant while Deputy Government Advocate Alok Agnihotri appeared for the State.
In this case, the applicant was apprehending his arrest in connection to the offence punishable under Sections 294, 323, 376(2)(N), 377, 498-A, and 506 of the IPC. It was submitted before the Court that the applicant and prosecutrix were known to each other and they were in relation for a long time and the prosecutrix admitted that the applicant was her husband.
It was alleged that the applicant on the pretext of marriage made physical relations with the prosecutrix and initially applicant avoided getting married to her but finally entered into the marriage. It was further alleged that the applicant started misbehaving with the prosecutrix after marriage and despite her objection and refusal, used to commit rape and unnatural sex with her.
The High Court after hearing the arguments of the counsel noted, “Considering the present scenario in which tendency has been developed to make allegation of rape and also of unnatural sex with certain motives against the husband or a person with whom girl has been in love affair, this Court is not expressing any opinion about character of any of the parties i.e applicant and prosecutrix.”
The Court, therefore, directed that the applicant be released on bail upon furnishing a bail bond of Rs. 2 lakhs.
Accordingly, the Court allowed the plea and granted anticipatory bail to the applicant.
Cause Title- Umang Singh Shingar v. The State of Madhya Pradesh
