An Additional Sessions judge Sanjashree J Gharat of Mumbai session court noted that the grievance of a woman who had accused her husband of committing sexual intercourse with her against her will does not stand legal scrutiny. The petitioner had alleged that due to the forced sex she was paralysed below the waist.
The court granted pre-arrest bail to the husband and four other family members in a dowry harassment and cruelty case. Justice Gharat noted that the accused being the husband cannot be said that he committed any illegal thing.
“It is very unfortunate that the young girl suffered from paralysis. However, the applicants cannot be held responsible for the same. Looking into the nature of allegations made against the applicants [husband and in-laws], custodial interrogation is not required,” said Justice Gharat.
Case Background
The couple got married in November 2020. The wife alleged that her in-laws started demanding dowry and harassing her. After over a month, her husband allegedly had sex with her without her consent. He repeated the same while they went for a vacation to Mahabaleshwar.
After being unwell for some weeks, she visited a doctor where she diagnosed a waist-down paralysis. The woman filed a complaint of dowry harassment and cruelty against her husband and the family. However, the accused family has denied all the allegations and sought anticipatory bail on the grounds that they were falsely implicated.
