'Consensual Sex With Major Girl Not Offence But Against Indian Norms': Allahabad HC Rejects Bail Plea Of Gang Rape Accused

Justice Rahul Chaturvedi while denying bail to Raju, accused of raping his girlfriend, stated that it was his duty to protect his girlfriend while other co-accused were sexually harassing her.

New Delhi: Allahabad High Court, while rejecting the bail plea of gang-rape accused, remarked that having "consensual sex" with a "major girl" is not illegal but is immoral according to the Indian norms.

Justice Rahul Chaturvedi while denying bail to Raju, accused of raping his girlfriend, stated that it was his duty to protect his girlfriend while other co-accused were sexually harassing her, Bar and Bench reported.

While calling the accused's act highly deplorable, Allahabad HC said, "he remained silent spectator when the co-accused persons were brutally sexually assassinating his beloved in front of him and no effort to put a stiff resistance was made by him so that the soul and body of the victim could be saved from further butchering by these flesh vultures."

As per the FIR, the victim after finishing her stitching class went with her boyfriend Raju on his motorcycle at a local river in a secluded place. The accused expressed his desire of having sex with the victim and despite her resistance, the accused was able to have sexual intercourse with her. Meantime, three other accused came to the spot and after beating and abusing the boyfriend proceeded to rape the victim.

There was a delay in filing the FIR and it was lodged on the next-day providing ample amount of time to come up with an imaginary story falsely implicating the accused, the counsel of the bail applicant (Raju) said before the High Court.

Further, the counsel brought the statement of the victim recorded under Sections 161 and 164 of the Code of Criminal Procedure before the court, in which she admits that the bail applicant was her boyfriend and they had consensual sex.

While stating the uncertainty over the connection between the applicant and other co-accused, Allahabad HC dismissed the bail plea of Raju.

"The conduct of the applicant is highly deplorable and unbecoming of a boyfriend who could not save his girlfriend from these offenders. The chivalrous boyfriend as per the statement of the victim has taken her to the police station to lodge FIR and by doing this he is alleged to have performed his duty qua his girlfriend," the Court said.

The Court further observed that the applicant was himself a party to the crime along with other co-accused.