While granting bail to a rape accused, the Allahabad High Court recently expressed concerns about the growing trend of failed relationships leading to the misuse of criminal law. The court stressed that not all socially or ethically questionable actions warrant legal intervention. Strikingly, Justice Krishan Pahal made these remarks in his order dated 9th April, while granting bail to a 42-year-old man accused of rape by a woman.
The Court said, “It is increasingly observed that personal fallouts and emotional discord are being given a criminal colour, through the invocation of penal laws, particularly in the aftermath of failed intimate relationships.”
The accused, in this case, is a 42-year-old married man. He was arrested last year after a woman, 25 years of age, filed a rape case against him.
According to the allegations of the woman complainant, he recorded the act and used that to blackmail her. She also alleged that he also gave her false promises to marry.
The counsel of the woman described the accused as a “Casanova”. It was also alleged that the accused used to lure different women into relationships and married thrice earlier.
The woman further added that the accused was a rich man who had misused his wealth and clout to ruin her life.
However, the counsel for the accused argued before the court that she was in a relationship with the man even after knowing that he was married. However, the counsel denied that his client had married three women earlier.
Following the arguments, the High Court observed that the case appeared to be the product of an emotional aftermath after a breakup rather than a case of criminal wrongdoing.
The court noted that the relationship was consensual, as well as the woman knew about the previous marital history of the accused.
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Judge Pahal stressed, “Not all socially or ethically questionable actions warrant legal intervention. It also reflects a foundational principle in jurisprudence – the law does not enforce all aspects of morality.”
