Activities of victim on dating site can’t be basis of judging virtue: Allahabad high court

Allahabad high court denies anticipatory bail to rape accused who had allegedly met the victim through dating site

Denying anticipatory bail to a rape accused, who allegedly established a physical relationship with a woman on the false promise of marriage, the Allahabad high court observed that activities of a victim on a dating site are not an indication for a judgement on anybody’s virtue.

The assertion from the Allahabad high court came in response to the argument by the counsel for the accused, who sought to draw a presumption as to the easy virtue of the woman. (REPRESENTATIVE IMAGE )

Justice Vivek Agarwal rejected the anticipatory bail application of one Abhhey Chopra of Gautam Buddh Nagar (Noida).

This assertion from the court came in response to the argument by the counsel for the accused, who sought to draw a presumption as to the easy virtue of the woman.

In this case, the alleged victim and the accused met through dating site and allegedly, on the false promise to marry, the accused had sexual intercourse with the woman, and thereafter, he went back on his promise, leading to the registration of the case against him by the woman.

It was submitted on behalf of the applicant’s side that the victim and accused met on dating sites. In view of this fact, it was submitted that within four days of their meeting, the establishment of physical relationship by the victim demonstrated that it was a case of consensual sex.

It was also argued that there was no talk of marriage between the two and, therefore, the allegation that they had indulged in physical relationship in the name of marriage proposal was not made out.

While declining to take into consideration the theory of consensual sex advanced by the applicant’s counsel, the court observed, “Dating sites are not an indication to have judgement 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.”