GHAZIABAD: The Vaishali
police on Thursday arrested one teacher of a private school in Indirapuram for
allegedly raping and stalking a middle aged woman. Various courts has observed
number of times that “Having sexual relations with a woman on false promise of
marriage amounts to rape”. While rejecting bail plea of teacher court has held
that entering into a sexual relationship with a woman after making her a false
promise of marriage amounts to rape. The judgment is bound to have widespread
ramifications for both women's rights and criminal justice as the issue
involves the question of consent by adults and also whether such an offence is
not rape but a fraud perpetrated by one party against the other.
In this case under judgment, the accused Bijla Lal, eloped
with his neighbor from Vaishali.
According to the victim, the two had exchanged mobile chats
on “Whatsapp” where accused sent icon of flower, heart and finally a ring. So,
she assumed that accused will marry her and hence she had sex multiple times in
the last one year under this impression.
According to the accused, the victim who is divorced lady
and a single mother living alone from the last five years pleaded him for sex. He
informed that victim further cursed Indien judiciary for having no provision
for sexual satisfaction of estranged wives. It should be noted that there
are multiple provisions for maintenance and shelter for separated/divorced wife
but nothing for her biological needs.
When our correspondent approached National commission of
wives and asked them “when Government is making IRBM(Irretrievable breakdown of
marriage) law to give half property of husband and his family members to
divorced wife than how can they forget natural physical need of a female?.” Spokesperson
Ms.Golmatol informed that commission is looking under this aspect as denial of
having sex with wife when she demands is also a crime under Domestic Violence
act, 2004 and they will make some provision shortly for such females.
Accused is charged under IPC 354 D (Stalking) and 376(Rape).
Stalking charge was added because accused has sent “whatsapp” smiley messages
thrice while victim was only replying him with a red face icon. “IPC 354D. (1)
Whoever follows a person and contacts, or attempts to contact such person to
foster personal interaction repeatedly, despite a clear indication of
disinterest by such person, or whoever monitors the use by a person of the
internet, email or any other form of electronic communication, or watches or
spies on a person in a manner that results in a fear of violence or serious
alarm or distress in the mind of such person, or interferes with the mental peace
of such person, commits the offence of stalking.
Note:This is fake news just to create awareness of misuse of laws in society
