Supreme Court Grants Protection from arrest to Man Accused of Rape by ex-Spouse

LI Network

Published on: 18 September 2023 at 14:50 IST

The Supreme Court has issued an order granting protection from arrest to an individual who is facing rape allegations raised by his former spouse.

The case centers around a 29-year-old man known as Paras, also referred to as Parvez, who, four years ago, fell in love with a Muslim woman. Despite her alleged involvement in sex work, Paras converted to Islam and entered into matrimony with her in April 2019. Soon after, the couple sought protection from the Rajasthan High Court, citing threats from the woman’s parents. The High Court granted them protection in May 2019.

However, the narrative took a distressing turn when the woman divorced Paras in July 2019 and, in April 2023, filed a First Information Report (FIR) against him. She accused him of attempting to coerce her into prostitution, committing rape, and blackmailing her with explicit photographs.

In search of respite, Paras pursued legal remedies through various courts and the Supreme court has directed that he should not be subject to arrest at this juncture and has also issued a notice regarding his request for anticipatory bail.

Advocate Namit Saxena, representing Paras, argued that despite the FIR claiming that the incidents transpired between April 2019 and March 2023, during the same period, the woman had sought protection from her own family through the Rajasthan High Court.

Saxena contended that Paras married his former spouse despite being aware of her involvement in sex work. Furthermore, he asserted that she continued her previous lifestyle even after their marriage, leading to their estrangement.

Paras additionally maintained that the accusations made by his ex-wife were an afterthought, intended to portray him as culpable and extract money from him.

Also Read: What is Protection Against Arrest under Article 22 of the Indian Constitution? – Law Insider India

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