New Delhi43 minutes ago
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The Supreme Court will investigate whether a woman can be made an accused in a rape case under Section 375 of the IPC or not. This issue came up in the court during the hearing of a case on 1 December. Actually, a widow had filed an anticipatory bail petition in the court. He told that I have two sons, they live in America. A woman has filed a false case against my younger son and me on many counts including rape.
This matter came before the bench of Justice Hrishikesh Roy and Justice Sanjay Karol. During the hearing, the court orally said – According to us, only a man can be made an accused in a rape case. The court rejected the widow’s petition.
Actually, the crime of rape has been defined under Section 375 of the Indian Penal Code (IPC). According to which, generally a case of rape can be registered only against men. At the same time, some situations include having sexual relations with the woman without her will, without her consent, through force etc.
What allegations did the complainant make?
The complainant claims – In September 2022, I had been in a relationship with the widow’s elder son for three years. One day he threatened to commit suicide if I married someone else. That’s why I promised to marry her. He told me- You stay with my mother till I come to India. After coming to India, I will do a court marriage with you and take you with me to America.
On the insistence of my lover, I started living in his house. There I was pressurized to marry my lover’s younger brother. When I refused, my boyfriend’s mother locked me in the room with her younger son, where she raped me and clicked obscene pictures of me. When I tried to contact my parents, my boyfriend’s mother dropped four at my feet.
The petitioner said- she married my son on video call
The petitioner said- The woman who has accused us was in a long distance relationship with my elder son for a long time. In 2021, the woman married my son through video call. After this she came and started living in my house. However, the woman and my son never met physically.
In January 2023, my younger son came to India from America. We told the woman to end her informal marriage with my elder son and go back to her home. After a lot of efforts, the woman agreed to end the relationship. In February 2023, an agreement was reached to end the marriage by paying Rs 11 lakh to the woman.
According to the petitioner, a few weeks after the settlement, the woman filed a case against the widow and her younger son. He has accused both of us of rape, injury and threats. In this case, the anticipatory bail plea of the widow was rejected by the lower court and Punjab and Haryana High Court. After this she reached the Supreme Court with a petition.