In response to an argument raised by the counsel for the accused applicant – who presumed that the woman was of easy virtue, the Allahabad high court has observed that being active on dating websites cannot be a parameter to judge someone’s virtue.
The accused allegedly established a physical relationship with a woman on the false promise of marriage after meeting on a dating site.
The victim and the accused met on a dating site and the accused had sexual intercourse with her after which he turned his back on the promise to marry. The woman filed a case against him.
However, in view of this fact, it was submitted that the establishment of physical relationship by the victim within four days of their meeting indicated that it was a case of consensual sex and that there was no talk of marriage between both the two.
The court has declined to take into consideration the theory of consensual sex by the applicant’s counsel and stated “Dating sites are not an indication to have judgment on anybody’s virtues. Merely, two adults meet on a dating site, and on the third day of meeting him, exchange of words are able to garner confidence that the other party is willing to marry and in the name of marriage, if physical favour is sought, then that will not amount to characterising a victim, as a person of easy virtues having consented to physical relationship without there being any provocation like promise to perform marriage.”
The court rejected the bail application of the accused – Abhay Chopra from Noida. Justice Vivek Agarwal said that the applicant is free to surrender before the court below and participate in the court proceedings.
The court further added that Chopra may also apply for regular bail which the court concerned shall consider on its own merits without getting prejudiced from the order passed here.
