New Delhi: The Delhi High Court, while granting bail to a man accused of rape, said there should be distinction between the offence of rape and consensual relationship going sour and courts had an onerous duty lies on the courts to be a watchdog and prevent its abuse and misuse.
Justice Neena Bansal Krishna was hearing a bail plea filed by an accused submitting that they dated each other for quite long time and they were in deep love with each other. The accused further submitted that their relationship ended when he discovered that the complainant was also dating someone else and she filed the false and fabricated complaint out of vendetta.
Relationship turned sour resulting in present case with allegations of force and rape, High Court noted
The High Court, while granting bail to the accused, noted that the present case is also from the same genre wherein the accused and the victim developed sexual proximity while working in the same workplace, but after about one year, the relationship turned sour resulting in the present case with allegations of force and rape.
Many a times close proximity at workplace results in consensual relation which get reported as crimes turning sour, court noted
“In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the distinction between the offence of rape and consensual sex between two adults,” Justice Krishna said.
The High Court further said that in the changing times when women are emerging and becoming a relevant part of the work force, it becomes the responsibility of Legislature as well as the Executive to enact laws and implement them so as to ensure their safety and well being.
A more onerous duty lies on courts to also be a watchdog: High Court
“The courts have an equal corresponding responsibility to interpret and apply the laws pragmatically to given situations to ensure that the protection of law is a reality and not merely a paper protection. However, a more onerous duty lies on the courts to also be a watchdog to apply an even hand and deal with a given situation in a manner to prevent its abuse and misuse by any person,” the High Court said.
