Jun 2, 2024, 11:05 IST

In the rape case, the Punjab and Haryana High Court said - it is not right to accuse of rape when the promise of marriage is not fulfilled

The Punjab and Haryana High Court rejected the lower court's decision to sentence the lover to 7 years in jail for having sex in a marital dispute. The High Court has ruled that the dispute is not complete, that is, not every dispute is false. They have raised the matter of rape, when there is an argument, there is an intention to deceive.

In the rape case, the Punjab and Haryana High Court said?width=630&height=355&resizemode=4
ताजा खबरों के लिए हमारे वाट्सएप ग्रुप से जुड़ने को यहां पर क्लिक करें। Join Now
हमारे फेसबुक पेज से जुड़ने के लिए यहां पर क्लिक करें क्लिक करें

In this decision, Justice Harpreet Brar of the High Court said that according to the testimony of the victim, she would meet her lover an hour ago. On that day, he ran away with her. In such a situation, it is impossible to explain that the appellant, the lover himself, got a false argument from the other two in the marriage.

The High Court has said that the testimony of the victim is not known, the accused will not kidnap her against her will. Oh, she was kidnapped after marriage. Then Kala Amb got married. Kaetko Din Otahi remained a company. Lack of consent of the woman is necessary to prove rape.

The woman left the house with her lover of her own free will

According to the preliminary report filed in this case, the accused called the lover and lured him into marrying her. After this, the victim went with him of her own free will. After this, the lover took her to the tubewell. He raped her. After this, the victim was subjected to a medico-legal examination. After this, the charge of rape was added to the FIR.

Lover of lover - stayed with him for 3 days, no protest

The woman who is an adult is called the lawyer of the lover in the court. 'Hey, I ran away with my lover with my will. Oh woman stayed with him for 3 days. I would travel long distances on the bike.' During this, the woman did not protest in any way. All these circumstances have to be proved which violate the consent of the woman.

In this case, the appellant lover did not commit any crime. The High Court ruled that the age of the victim is more than 18 years. There is no evidence that the accused did not resist while living with the accused.

Yamunanagar court will pronounce the sentence
In this case, Yamunanagar Additional Sessions Court will sentence the lover couple. Jahi was sentenced to 7 years under section 376 of IPC, 2 years under 363 and 5 years of rigorous imprisonment under 366. The maximum punishment for each crime is 7 years imprisonment. If the High Court dismisses the lover.