24 July 2023 2:33 PM GMT
The Allahabad High Court last week observed that the youth of the country are spoiling their lives due to the lure of free relationships with members of the opposite sex aping Western culture, however, they end up finding no "real soulmate"."The youth in this country, under the influence of social media, movies, TV serials and the web series being shown are not able to decide about the...
The Allahabad High Court last week observed that the youth of the country are spoiling their lives due to the lure of free relationships with members of the opposite sex aping Western culture, however, they end up finding no "real soulmate".
"The youth in this country, under the influence of social media, movies, TV serials and the web series being shown are not able to decide about the correct course of their life and in search of their correct soulmates, they often land up in the company of the wrong person...The social media, movies etc., show that multiple affairs and infidelity to the spouse are normal and this inflames the imagination of impressionable minds and they start experimenting with the same, but they do (not) fit in the prevailing societal norm," observed Justice Siddharth.
The Court made these observations while granting bail to an accused booked for allegedly abetting the suicide of a girl, with whom he purportedly had a love affair. The Court opined that the ingredients of the offence of abetment of suicide (Section 306 IPC) did not appear to be made out against the applicant.
The Court also observed that in the instant case, the victim "hopped from one affair to the other" with a number of boys and later on, due to "resistance of her family or incompatibility with the boys she befriended" committed suicide "in frustration" by consuming Mosquito Repellent.
In its 7-page order, the bench also noted that the young generation, unaware of the consequences of following the Western culture is entering into the relationships being aired on social media, movies etc., and thereafter, after denial of social recognition to their choice of partner, they become "disillusioned".
"(They) behave sometimes against the society, sometimes against their parents and sometimes also against the partner of their choice when they do not find any way out from the predicament wherein they get landed after entering into such relationship," the Court further added.
Regarding the non-acceptance of such relationships by Indian families, the Court said that Indian society is in a "state of confusion" about whether to permit their young children to adopt the Western norms or to keep them firmly within the bounds of Indian culture
"Their family also stumbles on the issues of caste, religion, monetary status, etc., of the partner chosen by their child and this sometimes leads to their children absconding from home for marrying person of the own choice; sometimes to suicide and sometimes to further relationship contacted in hurry to fill the emotional lacuna left by the earlier unsuccessful relationship," the Court said.
Significantly, the Court added that due to the above situation, the following types of cases are mostly pouring into the courts;-
(i) Commission of offence of rape on false promise of marriage;
(ii) Commission of offence of instigation to commit and suicide;
(iii)Commission of offence of murder or offence of culpable homicide not amounting to murder with the help of estranged friend or his companions; and
(iv) Cases of false implication regarding other major and minor offences arising out of such relationships are also coming:
Facts of the case
The prosecution case was that the applicant and the victim were having a love affair. She was allegedly kidnapped and raped by the applicant and other co-accused persons for four days as a result of which she suffered depression. She was again abducted in June 9, 2022 and thereafter, left in the market.
She allegedly told her sister that she had been given something intoxicating to drink and thereafter she was subjected to rape by the accused persons who made her video also. Thereafter, she consumed mosquito repellant and was taken to hospital where she died on June 10, 2022.
Initially, the applicant was implicated for committing the offence of gang rape, abduction, intoxication and murder of the deceased, however, the IO of the case did not find the charges to be correct, therefore, the accused-applicant was implicated the applicant only under Section 306/504/506 IPC.
Before the HC, the counsel for the applicant argued that he had not committed any direct or indirect act to instigate the deceased to commit suicide and that there was no positive action of the applicant that may have compelled her to commit suicide.
High Court's order
Taking into account the facts of the case, the Court noted that the offence to abet suicide was not made out against the accused. It observed that in fact, it was a case where the deceased had an initial affair with the applicant and both wanted to marry, but family members of the deceased came in their way and thereafter the victim developed a relationship with another boy.
The Court further observed that since the victim's relationship with the applicant-accuse was not "fully broken", the deceased could not find out any clear way between the two relationships and apparently, that is why she consumed the mosquito repellant and fell unconscious in the marketplace.
"The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred," the Court added as it referred to various rulings of the Supreme Court.
Against the backdrop of these observations, the Court granted bail to the accused keeping in view the uncertainty regarding the conclusion of the trial, a one-sided investigation by police, ignoring the case of the accused side, the applicant is under trial having a fundamental right to a speedy trial and the larger mandate of the Article 21 of the Constitution of India.
Case title - Jai Govind @ Ramji Yadav vs. State Of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 29409 of 2023]
Case Citation: 2023 LiveLaw (AB) 227
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