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Sexual violence against a woman should invite no tolerance, however, manipulating the system by the parties to a case under Section 376 IPC would equally need to be dealt with a stern hand and serious efforts should be made to address and remedy failings within the criminal justice system and through our society.
Earlier, the Bombay High Court had refused to grant bail to the accused considering the seriousness of the offence.
The courts should strive to strike a balance between the rights of accused and the practicalities of the legal process. In cases, if the trial can proceed effectively with the accused remaining present before the court through alternative means, the court should be flexible in considering prayers made to this effect by the accused.
“The Courts cannot be used as a forum for pressurizing the accused to get married to the victim or be denied bail, or by the accused for obtaining bail by asking the complainant to appear before the Court and state that he was ready to get married to her.”
The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.
Karnataka High Court observed that consent of a woman on a promise to marry is always an enigma.
Woman files petition for compromising an offence under section 376 of IPC, stating that she made the complaint in anger instead of actually being aggrieved.
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