- Accused of rape filed petition for cancellation of FIR
- Said, the relationship was formed when the two were in a relationship for two years
- Supreme Court relieves accused from arrest for 8 weeks
The Supreme Court has made an important comment, saying that no one should make a false promise for marriage, whether it is a man or a woman. Even a woman should not make a false promise. Principal Judge (CJI) SA Bobde also raised the question whether sexual relations between them can be called rape when two people are living as husband and wife and the husband is cruel? Supreme Court Has given relief to the accused from arrest for 8 weeks, and has also asked that the accused present the evidence in the lower court and try to get acquitted.
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In fact, the bench of the CJI in the Supreme Court was hearing a case in UP in which the rape accused Vinay Pratap Singh had filed a petition for cancellation of the FIR. According to the accused, the two were in a relationship for two years but in 2019 she got married to some other side. After this, the woman lodged an FIR against him. The woman alleged that the accused fraudulently took her consent and married and had sex in a temple in Manali which is rape. The petitioner approached the SC saying that she and the woman were having sexual relations on the basis of consent. The petitioner’s counsel denied that both were married. They said that they were living together with consent. He claimed that he lodged an FIR after the woman got upset in the relationship but the court said that the accused should withdraw their plea and present the evidence in the trial court to get them discharged. Also, the bench stayed his arrest for 8 weeks.
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During the hearing, it was said on behalf of the woman that the accused married the woman at a temple in Manali. He lived with the woman and beat her mercilessly, she also showed a medical certificate of injuries. Advocate Vibha Dutta Makhija, appearing on behalf of the petitioner, said that no case was made for rape and the woman had consent in it, both of them were living together with consent. However, the Supreme Court objected to the plea of the lawyer that the woman is accustomed and did the same with two other people in the office. The CJI said that you know what the courts have said about calling rape victims habitually? We suggest that by presenting the evidence, you can proceed with the application for discharge, this can give you a good decision. We do not want to cancel the FIR. Earlier, Allahabad High Court also refused to ban the FIR.