Supreme Court delayed the arrest of the accused when he entered into a marriage comprise with the victim

Background

The girl, hereinafter the complainant, had gone to Australia for higher studies in 2016 where she met the accused who asked her hand in marriage. The complaint denied that they cannot marry because she belongs to a Scheduled caste and he belongs to a Jaat Sikh family. The accused told the complainant that their castes will not be a barrier to their marriage and thus, the accused had established physical relation with the complainant by making a false promise that he will marry her.

The complainant, had declined to establish a physical relation with the accused and so the accused fed her intoxicated food, and in her loss of senses, ravished her. Moreover, the accused took her photos without her knowledge which was later shown to her. After coming to India, the accused and the complainant stayed in one of the hotels in Amritsar where the accused again established physical relation with her by giving false promises to marry her.

However, once the complaint was lodged, the accused agreed to marry the victim and applied for an anticipatory bail, which was denied by Punjab & Haryana HC, on the basis that the accused had raped the complainant on the pretext of marrying her and also he had threatened the complainant to make the photographs viral. Hence, the present matter is being heard in the Supreme Court.

Present matter
The father of the accused was not giving permission to marry the victim as the victim belonged to the community of Scheduled Caste and thus, a complaint was filed against the accused.

Since the accused and the victim have agree to married, so, the Supreme Court passed an interim order to delay the arrest of accused and scheduled the hearing four weeks later.

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