Dear All,
Strange are the ways of Justice.
Question : Do we want such Justice, which are at the whims of individual judges.
Indian Justice system, has already become a JOKE around the world.
Please post your comments and opinions, over here.
Keep Smiling .... Hemant Agarwal
Rape - Sometimes YES, Somestimes NO : SC, HC
Sex after false promise of marriage doesnt amount to rape
The following appeared in "Times of India, dated 23-07-2010, page no. 14, Mumbai Edition."
Nagpur: The Nagpur bench of the Bombay HC has ruled that s*xual relationship with a woman after making false promises of marriage does not amount to rape, and acquitted a man from offences of raping a girl.
A single-judge bench of Justice Ambadas Joshi observed that “s*xual relationship under a mistaken belief and hence a rape, as developed in the process of trial, does not stand in the eye of law”. It set aside the Yavatmal sessions court’s order that convicted Sandip Rathod (now 42) under Section 376 of raping a girl allegedly 16 years old in 1996. The HC also said the victim’s age has been proved to be around 18 when the incident occurred.
Rathod, then 30 years old, was serving at a forest office near Mala’s (name changed) home. He developed s*xual relations with her and promised to marry her. Mala informed her parents when she became pregnant and Rathod was arrested on her parents’ complaint.
Charged with repeatedly having s*xual relations with an “underaged’’ Mala on and before November 11, 1996, the sessions court sentenced him to 10-year rigorous imprisonment. Two years later, the accused, a Yavatmal resident, challenged the conviction in the high court. The bench cited the Supreme Court and other rulings while acquitting him.
VARYING VERDICTS : NO CONSISTENCY .... THE WORLD IS LAUGHING !
Supreme Court
ONCE THE JUDGES SAY THIS :
Oct 5, 2006: A bench of Justices A K Mathur and Altamas Kabir held that having s*xual intercourse with a girl with her consent obtained through fraud, coercion or on promise of marriage amounts to rape
NEXT THE JUDGES SAY THIS :
Aug 29, 2007: A bench of Justices Arijit Pasayat and D K Jain said a man having s*x with a girl after obtaining her consent on the promise of a marriage does not necessarily constitute rape even if he retracts on his pledge
High Court
ONCE THE JUDGES SAY THIS :
February 1, 2010: The Delhi HC held that having s*x with a girl on the promise of marriage and later refusing to tie the knot on flimsy grounds amounts to rape
NEXT THE JUDGES SAY THIS :
July 17, 2010: The Bombay high court upheld the acquittal of a man who was charged with having s*xual relations with a woman after making a false promise of marriage
