While the Hathras case investigation is ongoing, another case of alleged rape in Uttar Pradesh has reached Supreme Court. A girl from the OBC community who allegedly eloped with a Dalit boy last year, later returned to her parent’s home within a month of marriage and filed rape charges against her husband, his brother and brother-in-law.
Later, she registered her statement in front of the magistrate. The husband has ended life, while his brother and brother-in-law approached supreme court for protection from arrest.
Case:
On August 23 last year, both the boy and the girl, hailing from Oria in Jalaun, had allegedly voluntarily eloped from their homes and got married at an Arya Samaj temple. Thereafter, they both registered their marriage the next day at Lucknow.
However later, the girl’s uncle filed an FIR of kidnapping against the husband and the couple along with the boy’s family members filed a petition in the Allahabad high court seeking protection from arrest. The girl was presented in front of the high court, where she stated that she wanted to go back to her parents.
After about a fortnight that she went back home, the girl recorded a statement under Section 164 CrPC before a magistrate on October 9 last year. She then alleged that she was kidnapped and sexually assaulted by the boy, his brother and brother-in-law, and also the female members of that family supported them.
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Based on her allegations, an FIR was registered and on September 25 last year, the HC rejected the petition by the boy’s family members seeking protection from the arrest. The next day of the petition being dismissed, husband died by suicide.
Now, the deceased’s brother and brother-in-law have moved the top court through their advocate Bhuwan Raj. The defense lawyer claims that the girl was tutored to record the statement accusing the boy and his family. He also mentioned that she had eloped and got married to the boy on her own will and later she also travelled 350 km to Lucknow to get her marriage registered.
On July 17 this year, the Supreme Court, took note that all female members of the accused’s family had already been protected by the HC from arrest, hence, the court also granted interim stay on the arrest of the deceased boy’s brother and brother-in-law.
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On October 7, 2020 advocate Krishnanand Pandey appearing for the state, expressed that as the girl stated in her 164 CrPC statement, she was forced into the marriage. However, the boy’s family advocate Raj argued that the girl had herself registered the marriage to the deceased boy, but later, falsely implicated his family members at the instance of her relatives.
The bench comprising of Justices D Y Chandrachud, Indu Malhotra and Indira Banerjee expressed their thoughts on the unfortunate event and also accepted arguments by advocate Raj — granting anticipatory bail to the boy’s brother and brother-in-law. The apex court noted:
Since the proceedings in the criminal case emanating from the FIR are still pending, we are not expressing any view on the merits of the rival submissions. However, having regard to all the facts and circumstances, having noticed the submissions, we are of the view that the (July 17) interim order of this court should be confirmed and the appellants should be granted the benefit of anticipatory bail.
The court further concluded:
We accordingly direct that in the event of the arrest of the appellants, they shall be released forthwith on bail on such terms and conditions as may be imposed by the trial court in connection with the case registered at Police station Oria, District Jalaun, UP.
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