Safety from arrest to rape in case of false vows – SC
The Apex Court granted rape suspects eight weeks of protection in one false vow case. An FIR had been filed against the defendant and rape allegations were made on the pretext of marriage.
In response, the petitioner turned to the Apex court, requesting the lifting of the FIR on the grounds that he and the woman had lived together and had consensual sexual relations.
The petitioner also stated that the said FIR had been submitted because he and the woman were no longer in good shape.
The lawyer on behalf of the interviewee alleged that the petitioner and the woman stayed together because the former had promised to marry the woman. The lawyer also alleged that the petitioner physically abused the woman by brutally beating her and provided medical reports.
The petitioner’s lawyer stated that the allegations made were insufficient to create a rape case. The lawyer also stated that the woman did the same thing with two other people and got used to it.
This matter was tried as an SLP in the Apex Court because the Allahabad High Court refused to overturn the FIR under Section 482 of the CrPC. The Allahabad HC stated that it could not be said that the allegations were undetectable. The bank considered that the petitioners were involved in serious criminal offenses and therefore refused to repeal the FIR.
However, the bank was not inclined to suppress the FIR. The bank then allowed the petitioner to withdraw the petition and request discharge. The bank was also arrested for eight weeks.
It should be noted that India is not yet required to draft laws on marital rape as the name is not included in the Indian Criminal Code. A number of petitions have turned to the judiciary, but none have managed to derogate from Section 375 of the IPC, which legalizes marital rape.