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Woman willingly staying with man can’t file rape case if relationship fails: Supreme Court

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New Delhi, Jul 15: The Supreme Court has held that a woman, who was in a relationship with a man and willingly stayed with him, cannot file a case of rape after the relationship had gone sour, according to reports.

It ordered the release of the appellant on bail to the satisfaction of the competent authority.

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According to reports, A bench of Justices Hemant Gupta and Vikram Nath noted the admitted case of the complainant that she was in a relationship with the appellant for a period of four years. Also, the complaint’s counsel admitted that she was 21 years old, when the relationship started.

“In view of the said fact, the complainant has willingly been staying with the appellant and had the relationship. Therefore, now if the relationship is not working out, the same cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) IPC,” said the bench.

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Ansaar Mohammad had moved the top court challenging the Rajasthan High Court’s May 19 order, which dismissed an application for pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 for the offences under Sections 376(2)(n), 377 and 506 IPC.

The top court granted anticipatory bail to Mohammad who was accused of rape, unnatural offences, and criminal intimidation. “Consequently, we allow the present appeal and set aside the order of the High Court. The appellant is ordered to be released on bail to the satisfaction of the competent authority,” it said.

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However, the bench clarified that the observations in the present order are only for the purposes of deciding the pre-arrest bail application. “The investigation shall proceed uninfluenced by the observations made in the present order. Pending application(s), if any, also stand disposed of,” said the bench.

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The high court had said: “It is an admitted position that petitioner had made the relationship with the complainant by promising to marry her and due to their relation, one female child was born. So, looking at the gravity of the offence, I do not consider it a fit case to enlarge the petitioners on anticipatory bail. Hence, the anticipatory bail application is dismissed.”

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Man kills mother for not serving him tasty food

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A man from Maharashtra’s Thane allegedly killed his mother, 55, following a quarrel with her over her failure to provide him tasty food.

The event happened on Sunday night in Murbad taluka’s Velu village, according to an official of Thane rural police control room.

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The mother used to argue frequently with her son over household matters.

Also Read: Elderly man declared dead in March, holds ‘Main Zinda Hun’ placard

On Sunday, the man again had a quarrel with his mother and complained that she did not cook and serve him tasty food, the police said quoting the FIR.

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The man, in a fit of anger, allegedly attacked his mother with a sickle on her neck following which she collapsed and died, the official said.

Some persons from the neighbourhood alerted police, who rushed to the spot and sent the body to a government hospital for post-mortem.

After the incident, the accused allegedly had an overdose of sleeping pills. He was hospitalised by relatives and has not yet been arrested, the official said.

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A case was registered on Monday against the accused under Indian Penal Code section 302 (murder), he said.

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Elderly man declared dead in March, holds ‘Main Zinda Hun’ placard

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In Agra, a 70-year-old man was seen putting up the wooden sign “Main Zinda Hun (I am alive).” According to Dinanath Yadav, the Agra resident, he was declared dead by the employees at the office of Agra’s Chief Development Officer (CDO).

Carrying the wooden placard around his neck, Yadav appeared before the Agra District Magistrate office on Sunday, claiming he was “maliciously” declared dead by the state government employees in March this year, India Today reported.

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Also Read: Woman bites off husband’s ear during fight

Surprised at his claim, the District Magistrate pursued the documents produced by Yadav and issued instructions to the CDO’s staff to ascertain how he was pronounced dead.Speaking to India Today, Dinanath Yadav said that he is in perfect health, goes to his farms every day, and has even been drawing an old-age pension for the past two years.

However, his pension stopped in March this year and he was not given a satisfactory answer when he contacted the village Secretary, he said.According to Yadav, he went to the CDO office where he learned that a staffer had shown him as dead in the government records, which not only caused his pension to stop but could also lead to several legal issues for him in the future.

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He said that he had tried to contact the District Magistrate several times in the past eight months. He decided to walk into the DM’s office with a placard hanging from his neck that read “Main Zinda Hoon”.

Yadav said that the District Magistrate immediately called up the village Panchayat Secretary in Etmadpur and instructed him to file a full report, resolving his problem.

When asked if he was aware of the issue, Block Development Officer (BDO) Anirudh Singh said that he did come across this case but since he was on leave, he was unable to comment on it.

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Social activist Vijay Upadhyay pointed out that this is not a solitary case, and there were hundreds of such men in Uttar Pradesh, who have been pronounced dead on government records and are struggling to prove that they are alive.

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Woman bites off husband’s ear during fight

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In a strange incident, a woman allegedly bit off her husband’s ear during a verbal altercation out of fury. According to a police officer on Sunday, the event happened on November 20 in the Sultanpuri neighborhood of Delhi.

The victim, a 45-year-old man told the police about the incident and reported an FIR after she underwent an ear surgery.

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Also Read: Man kills wife for posting Instagram reels

The man told the police, “I went to throw garbage outside my house around 9.20 am on November 20. I asked my wife to clean the house. Soon after I returned home, my wife started fighting with me over an unknown issue.”

The complaint was filed on November 22, two days after the incident took place. An FIR has been registered against the women following the complaint under Section 324 (voluntarily causing hurt by dangerous weapons or means) of the Indian Penal Code (IPC) and further investigation is on into the matter. The victim, whose name has not been revealed yet, also told the police that his wife asked him to sell the house and give her a share so that she could stay separately with the children.

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“I tried to make her understand, but a verbal spat ensued. She even tried to hit me, but I pushed her away. I was walking out of the house when she held me from the back and in a fit of rage bit my right ear so hard that the upper portion of my ear got dismembered,” the victim said.

After the incident, the victim’s son took him to Sanjay Gandhi Hospital in Mangolpuri for treatment. He then underwent surgery at Jaipur Golden Hospital in Rohini.

The police said that they received information about the attack on November 20 from a hospital and a team was sent to investigate the matter.

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According to a senior police officer, the victim was unwell and not in a condition to give a statement. He had requested the police that he would come to the police station later to give his statement. Police said further investigations are underway and they are looking into verifying the allegations.

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