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Lalji Chaudhary vs The State Of Madhya Pradesh on 21 June, 2018

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HIGH COURT OF MADHYA PRADESH: JABALPUR

Single Bench : Hon’ble Shri Justice Subodh Abhyankar

Miscellaneous Criminal Case No.18356 of 2018

Lalji Chaudhary

Vs.
The State of Madhya Pradesh
Present :
Shri A.K. Tiwari, Advocate for the applicant.
Shri Vaibhav Tiwari, Government Advocate for the respondent-
State.

Miscellaneous Criminal Case No.17610 of 2018

Brijesh Jain

Vs.
The State of Madhya Pradesh
Present :
Shri Sourabh Singh Thakur, Advocate for the applicant.
Shri C.K. Mishra, Government Advocate for the respondent-State.

Miscellaneous Criminal Case No.19037 of 2018

Rajkumar Evane

Vs.
The State of Madhya Pradesh
—————————————————————————-
Present :-
Shri Abhijeet Awasthi, Advocate for the applicant.
Shri Yogesh Dhande, Government Advocate for the
respondent/State.
ORDER

(Passed on this the 21st day of June, 2018)

This common order shall govern the disposal of M.Cr.C.
No.18356/2018; M.Cr.C. No.17610/2018; and M.Cr.C.

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No.19037/2018 although all the cases are different and arise out of
different crime numbers in different Districts however there is one
feature common in all these cases and that is rape on the pretext or
allurement of marriage. The Apex court in the case of Deepak
Gulati v. State of Haryana, (2013) 7 SCC 675 : (2013) 3 SCC (Cri)
660, has explained the consequences of rape in the following man-
ner:-

“20. Rape is the most morally and
physically reprehensible crime in a society,
as it is an assault on the body, mind and
privacy of the victim. While a murderer
destroys the physical frame of the victim, a
rapist degrades and defiles the soul of a
helpless female. Rape reduces a woman to
an animal, as it shakes the very core of her
life. By no means can a rape victim be
called an accomplice. Rape leaves a
permanent scar on the life of the victim,
and therefore a rape victim is placed on a
higher pedestal than an injured witness.
Rape is a crime against the entire society
and violates the human rights of the victim.
Being the most hated crime, rape
tantamounts to a serious blow to the
supreme honour of a woman, and offends
both, her esteem and dignity. It causes
psychological and physical harm to the
victim, leaving upon her indelible marks.”

2. In the backdrop of the aforesaid observations by the Apex
Court, the reason why all these cases in hand are being decided
together is necessitated by the need felt by this Court to highlight the
plurality of the cases of such nature flooding the courts now-a-days.
Before making any observations on the subject in general, the
aforesaid cases are being decided on their merits as under:-

(I) M.Cr.C. No.18356/2018
This is the first bail application under Section 439 of
Cr.P.C. filed by applicant Lalji Chaudhary, who is in custody since
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18.03.2018 in connection with Crime No.103/2018 registered at
Police Station Shahpura District Jabalpur for the offences punishable
under Sections 376 and 506 of IPC.

The allegation against the present applicant is that he raped
the prosecutrix on the pretext of marriage.

Learned counsel for the applicant has submitted that the
applicant is aged about 22 years and no promise was ever made by
the applicant who has been falsely implicated by the prosecutrix. It
is further submitted that the applicant was apprehending such action
by the prosecutrix, hence he has already lodged a report to the
Additional Superintendent of Police, Jabalpur. Learned counsel
further submits that the charge sheet has already been filed and the
applicant is in custody since 18.03.2018.

Learned counsel for the State on the other hand has
opposed the bail application and prayed for its rejection.

After hearing the learned counsel for the parties and having
gone through the case diary, this Court is of the considered opinion
that the applicant is liable to be released on bail, as the allegation of
intercourse on the pretext of marriage can only be decided after the
evidence is led by the parties, specially in the light of the judgment
of the Hon’ble Apex Court in the case of Deepak Gulati (supra).
Thus, without expressing any view on the merits of the case, the
application filed under Section 439 of Cr.P.C. by applicant viz. Lalji
Chaudhary is hereby allowed.

It is directed that the present applicant be released on bail
on his furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees one lakh only) with one solvent surety of the like amount
to the satisfaction of the concerned C.J.M./Trial Court.

(II) M.Cr.C. No.17610/2018
This is the first bail application under Section 439 of
Cr.P.C. filed by applicant Brijesh Jain, who is in custody since
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18.02.2018 in connection with Crime No.59/2018 registered at
Police Station Batiyagarh, District Damoh for the offences
punishable under Sections 376, 506 and 323 of IPC.

The allegation against the present applicant is that he raped
the prosecutrix on the pretext of marriage as the prosecutrix was a
widow having two children but subsequently refused to honour his
promise which led to lodging of the FIR by the prosecutrix.

Learned counsel for the applicant has submitted that the
applicant is in jail since 18.02.2018. It is further submitted that no
such promise was ever made by the applicant and he has been
falsely implicated by the prosecutrix. It is further submitted that
even otherwise, the sexual intercourse was purely consensual in
nature and as such no case under Section 376 of IPC is made out
against the applicant.

Learned counsel for the State on the other hand has
opposed the bail application and has submitted that the applicant had
exploited the prosecutrix knowing fully well that she was a widow
and made false promise to her.

After hearing the learned counsel for the parties and having
gone through the case diary, this Court is of the considered opinion
that the applicant is liable to be released on bail, as the allegation of
intercourse on the pretext of marriage can only be decided after the
evidence is led by the parties, specially in the light of the judgment
of the Hon’ble Apex Court in the case of Deepak Gulati (supra).
Thus, without expressing any view on the merits of the case, the
application filed under Section 439 of Cr.P.C. by applicant viz.
Brijesh Jain is hereby allowed.

It is directed that the present applicant be released on bail
on his furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees one lakh only) with one solvent surety of the like amount
to the satisfaction of the concerned C.J.M./Trial Court.

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(III) M.Cr.C. No.19037/2018
This is the first bail application under Section 439 of
Cr.P.C. filed by applicant Rajkumar Evane, who is in custody since
21.04.2018 in connection with Crime No.67/2018 registered at
Police Station Kotwali Police Station, District Betul for the offences
punishable under Sections 376 (2)(n) and 506 of IPC.

The allegation against the present applicant is that on
16.01.2018 he raped the prosecutrix on the pretext of marriage as
both of them have already been engaged and since they were already
engaged, the applicant took the advantage of the situation when he
was alone with the prosecutrix and subsequently refused to marry on
the ground of her being of loose character despite the fact that they
were going to marry on 22.01.2018.

Learned counsel for the applicant has submitted that the
applicant has been falsely implicated in the case as soon after their
engagement he found that the prosecutrix’s behavior was erratic and
hence wanted to cancel the engagement which has led to filing of the
aforesaid case against the applicant.

Learned counsel for the State on the other hand has
opposed the bail application and prayed for its rejection.

After hearing the learned counsel for the parties and having
gone through the case diary, this Court finds that the engagement
was indeed performed between the applicant and the prosecutrix. In
the considered opinion of this Court, the applicant is liable to be
released on bail as he is incarcerated since 21.04.2018, as the
allegation of intercourse on the pretext of marriage can only be
decided after the evidence is led by the parties, specially in the light
of the judgment of the Hon’ble Apex Court in the case of Deepak
Gulati (supra). Thus, without expressing any view on the merits of
the case, the application filed under Section 439 of Cr.P.C. by
applicant viz. Rajkumar Evane is hereby allowed.

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It is directed that the present applicant be released on bail
on his furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees one lakh only) with one solvent surety of the like amount
to the satisfaction of the concerned C.J.M./Trial Court.

3. Having passed the aforesaid orders, it would be apt to
observe here that in cases of rape on the pretext of marriage, the
entire burden is shifted on the girl who is to face the consequences
of her misdemeanour as any pre-marriage sexual intercourse is still a
taboo in India. It is always argued that the girl has entered into the
relationship for the fun of it only, projecting her to be wanton and
promiscuous, which, in the considered opinion of this court, if
considered on its face value, is equally true for the men and applies
to them with equal force. But, while presuming the ‘guilt’ of a girl
who has allegedly entered into a relationship, the boy appears to
have been given a right to indulge in any licentious activity and
exploit a girl/woman without consequences. It is not difficult to
comprehend a situation where in a moment of weakness, a girl, who
may be either rich or poor, educated or illiterate, on the pretext of
marriage by the man in whom she believes and has posed her faith,
may enter into a sexual relationship and once this is done, the boy is
always free to take a ‘U’ turn and deny any assurance to which no
other person is privy, leaving behind the girl to face all the
ignominy. Unfortunately, despite having inherited a high moral
value legacy and despite the Society being opening up more and
more, the laws have not been able to keep up with its pace leading to
the present situation where immorality and dishonesty are thriving.
In the considered opinion of this court a man must know and face
the consequences of his action while exploiting a girl/woman either
on the allurement of marriage or otherwise, the time has come where
the Parliament must address itself to the current situation and
introducing the appropriate law to meet such situations and to curb
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such instances which are rising at an alarming rate and have the
tendency to pollute the society.

4. With the aforesaid observations, the applications stand
disposed of.

5. Let a certified copy of this order be furnished to the office
of the Advocate General as well as the office of the Assistant
Solicitor General of India Shri J.K. Jain who are directed to convey
this order to the Chief Secretary of the State of M.P. and the Home
Secretary, Ministry of Home Affairs, Government of India or the
Secretary, Ministry of Women Child Development, New Delhi or
the Secretary, Ministry of Law and Justice, New Delhi as the case
may be for necessary action.

(Subodh Abhyankar)
Judge
21/06/2018

DV

Digitally signed by
DINESH VERMA
Date: 2018.06.21
16:22:09 +05’30’

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