Supreme Court prohibits proceedings of rape before marriage
Supreme Court prohibits proceedings of rape before marriage

New Delhi: The Supreme Court has put an interim stay on the investigation in a trial court on a rape case before marriage. The petitioner has challenged the decision of the High Court and appealed to dismiss the case. During the hearing, a bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice Sanjiv Khanna said, "Further investigation of this case has stayed in the Additional Sessions Judge of Saket Court, New Delhi."

According to the prosecution, the petitioner and the accused met in mid-January 2013. The woman was a widow. Both started living together. After the controversy in August 2013, the woman has filed a rape case. In 2014, both got married but due to some differences, the trial is on. On August 16, 2019, the woman gave consent to quash the case, but the Delhi High Court dismissed the petition 2 times. On Thursday, the Supreme Court issued a notice to the Delhi Police and decided to hear the case after 4 weeks.

Recently, the Odisha High Court had made an important comment in one such case. The court had said that making physical relations by promising marriage is not rape. Justice SK Panigrahi set aside the order of a lower court and accepted the bail application of the culprit. In November last year, a student was detained on the complaint of rape of a 19-year-old tribal woman in Koraput district of Odisha. The court had raised the question of whether the use of rape laws should be applied to consensual physical relations.

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