On Friday, the High Court of Allahabad, while rejecting the bail appeal of a gang rape accused, said that having consensual sex with a major is not an offence but “unethical, immoral & against established Indian norms”.

Justice Rahul Chaturvedi while turning down the bail petition one of the four accused in the case, said that it was the duty of the man, alleging to be the boyfriend of a minor girl, to protect his girlfriend when she was being sexually harassed by the other co-accused.

The Court observed that “The moment the applicant submits that the victim is his beloved, it was his binding duty to protect the dignity, honour & reputation of his girlfriend. If a girl is major one, then to have sex with her consent is not an offence, but certainly it is unethical & immoral & also not in consonance with the established social norms of the Indian society".

The Court termed the applicant’s act as highly deplorable & unbecoming of a boyfriend, saying that “he remained silent spectator when the co-accused persons were brutally sexually assassinating his beloved in front of him”.

As per FIR, the victim, on Feb 19, 2021, went to take stitching lessons at a stitching centre & had spoken to her boyfriend Raju over the phone & planned to meet him. Later they meet at a secluded place near a local river. After some time, three other persons reached there, abused & beat the applicant & committed the crime.

On Feb 20, an FIR was lodged by the fifteen-year-old victim against four accused under sections 376-D, 392, 323, 504, & 506 of the Indian Penal Code & Sections 5 & 6 of POCSO Act at Akil Sarai police station of Kaushambi district.

After examining the material placed on record & the contents of the FIR, the court denied bail to the applicant, saying that it can't be said with certainty that the applicant had got no association or connection with remaining co-accused persons.

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