monster

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Background

  • In June 2020, the deceased had filed a case against the accused on the charges of rape.
  • He had promised to marry her and he raped her.
  • He was arrested in August but in October, the complaint was withdrawn after he signed an affidavit to marry her.
  • He was released subsequently and he married the deceased.

Facts

  • The deceased’s family filed a missing report on 15 June 2021 when her phone was switched off.
  • The family alleged that the accused tortured and picked fights with her due to which she was staying with her family.
  • On June 11, he took her back to his village in the pretext of meeting his mother and since then they could not contact her.

Court’s Observation

  • The police investigated into the matter and traced the location of her phone to Nainital before it went off.
  • The location of the phone of the deceased was also in Nainital, where the deceased’s phone was traced during the time.
  • The accused had denied any knowledge of the deceased’s disappearance but later accepted his crime.
  • He showed the place where the body of the deceased was left and also confessed of taking her to a cave to initiate physical relations with her and later on killing her.
  • He also stated that the reason of his conduct was the harassment by the deceased and her mother.
  • A case has been registered by the police under Sections 302 and 201 of the Indian Penal Code against the accused.

Do you think the release in the first place with an affidavit to marry was justified? What is your opinion on this case? Tell us in the comments section below!

"Loved reading this piece by SUSHREE SAHU?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  43  Report



Comments
img
Post a Suggestion for LCI Team
Post a Legal Query