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SC: Husband Posted at Border and you went to Hotels with Another Man

2 min read


Munmun Kaur

Published On:- February 26, 2022 at 11:59 IST

The Supreme Court on February 25, dismissed the Plea filed by a woman seeking cancellation of Bail of a Man Accused of Raping her on the grounds that it appeared to be a Case of consensual relationship where she willingly went to hotels with him while her husband was posted at the border with a Central Security Force.

The Bench of Justices DY Chandrachud and Surya Kant was hearing a Plea against the Order of Rajasthan High Court granting Bail to the Accused in the matter.

The Complainant sought cancellation of Bail. The Accused was booked under section 376 of the Indian Penal Code (IPC) and provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Advocate Aditya Jain appearing for the Complainant argued that the Accused Harassed the victim, committed Rape with her on several occasions, and even Blackmailed her for money.

He relied on certain Bank Transactions. He argued that the High Court did not note the submission of the Complainant and merely granted Bail to the Accused on the grounds that the Charge Sheet was filed.

The Bench said, “It was apparent from the Charge Sheet filed that there was a consensual relationship between the Accused and the Complainant and that she used to leave her children home and go to hotels with the Accused. She had also taken a room on rent in a nearby town to live with the Accused. The Bench pitied the poor husband who was posted at the border and had no idea what the wife was doing back at home.”

After making the above observations, the Supreme Court decided to not interfere with the Order of the Rajasthan High Court of granting Bail to the Accused.