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Mere engagement does not permit man to sexually assault his fiancée: Delhi High Court

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Published : Oct 6, 2022, 7:37 PM IST

Justice Swarana Kanta Sharma rejected the bail plea of a man who had allegedly sexaully assaulted his fiancée and even impregnated her before refusing to solemnise the marriage.

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New Delhi: The Delhi High Court Thursday rejected the bail plea of ​​a man who raped and assaulted his fiancée several times after the engagement even as the court, in its order, said that mere engagement cannot be taken as permission for anyone to assault or have a relationship with his fiancée.

Justice Swarana Kanta Sharma hearing the bail plea on Thursday rejected the argument made on behalf of the accused that since the two were engaged, it cannot be said that there was a false promise of marriage.

In the case, the complainant said that she had met the accused in 2020. After being in a love affair for a year, the engagement took place on October 11 after the consent of the families. Four days after the engagement, the young man, according to the complainant, forcibly made physical relations with her claiming that since they were about to get married soon, he was not doing anything wrong.

Also read: Children of unwed mothers and rape victims will have only mother's name in the birth Certificate; Kerala High Court

After this, the accused, the complainant said, had sex with her several times, got her pregnant, and then force-fed her pills for abortion. The woman said that on July 9, 2022, she went to the accused's house but he and his family members refused to solemnise the marriage. On July 16, the victim lodged a complaint at the south Delhi police station.

The accused was arrested on July 22 and police filed a charge sheet in September. A sessions court had rejected his bail application twice before the accused moved the High Court. The counsel appearing for the defense said that the woman had not presented any evidence. Commenting on which the court remarked how can a young woman who is not married yet keep any evidence.

The prosecution, meanwhile, said that since the charges have not been fully framed, the accused should not be granted bail. The court, agreeing with the prosecution, rejected the bail application.

New Delhi: The Delhi High Court Thursday rejected the bail plea of ​​a man who raped and assaulted his fiancée several times after the engagement even as the court, in its order, said that mere engagement cannot be taken as permission for anyone to assault or have a relationship with his fiancée.

Justice Swarana Kanta Sharma hearing the bail plea on Thursday rejected the argument made on behalf of the accused that since the two were engaged, it cannot be said that there was a false promise of marriage.

In the case, the complainant said that she had met the accused in 2020. After being in a love affair for a year, the engagement took place on October 11 after the consent of the families. Four days after the engagement, the young man, according to the complainant, forcibly made physical relations with her claiming that since they were about to get married soon, he was not doing anything wrong.

Also read: Children of unwed mothers and rape victims will have only mother's name in the birth Certificate; Kerala High Court

After this, the accused, the complainant said, had sex with her several times, got her pregnant, and then force-fed her pills for abortion. The woman said that on July 9, 2022, she went to the accused's house but he and his family members refused to solemnise the marriage. On July 16, the victim lodged a complaint at the south Delhi police station.

The accused was arrested on July 22 and police filed a charge sheet in September. A sessions court had rejected his bail application twice before the accused moved the High Court. The counsel appearing for the defense said that the woman had not presented any evidence. Commenting on which the court remarked how can a young woman who is not married yet keep any evidence.

The prosecution, meanwhile, said that since the charges have not been fully framed, the accused should not be granted bail. The court, agreeing with the prosecution, rejected the bail application.

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