Consensual Sex With an Adult Not a Crime but Immoral: Allahabad HC

Justice Rahul Chaturvedi said this while denying bail to a man accused of raping his girlfriend along with others.

File photo of Allahabad High Court.  

(Photo: PTI)

While denying bail to a man accused of raping his girlfriend along with three other accused persons, Allahabad High Court on Friday, 29 October, said consensual sex with an adult is not a crime but it is "unethical, immoral and against established Indian norms", reported Bar and Bench.

Justice Rahul Chaturvedi said that it was the "duty" of the accused to protect his girlfriend while she was being sexually harassed by others.

The court observed, "The moment the applicant submits that the victim is his beloved, it was his binding duty to protect the dignity, honour, and 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 and immoral and also not in consonance with the established social norms of the Indian society. (sic)"

Terming the act as deplorable, the court further stated that the accused "remained a silent spectator" and no resistance was made by him to protect the girl while she was being brutally assaulted in front of him.

THE CASE

As per a report in Hindustan Times, the FIR mentions that on 19 February the minor girl had gone for her stitching classes at a centre and had planned to meet her boyfriend Raju after that.

The two met near a local river and the accused reportedly expressed his desire to have sex with the girl despite her resistance, added the Bar and Bench report.

Reportedly, three other people reached the spot later, abused, and beat up the applicant and raped the minor girl.

An FIR was filed by the minor against the four accused the next day under sections 376-D, 392, 323, 504, and 506 of the IPC and Sections 5 and 6 of POCSO Act at Akil Sarai police station of Kaushambi district.

However, the court has denied bail to the applicant and stated that it can't be proven that the applicant had no connection with the other accused.

(With inputs from Bar and Bench, and Hindustan Times.)