The court, taking into consideration the marital status of the complainant and the accused, noted that arresting the latter could potentially eliminate any chance of reconciliation between them.
Therefore, the court ordered protection against the arrest of the accused.
The order was given on Monday.
The couple tied the knot in April, and the FIR was filed on July 1.
Additional Sessions Judge Dharmendrasinh Gemalsinh Rana observed that the complainant, aged 30, had previously lodged several complaints detailing the alleged offense before the filing of the FIR.
The police had conducted a preliminary inquiry and treated the complaint as an application related to a matrimonial dispute.
According to the complainant’s statements, she claimed that she was coerced into marrying the accused after he engaged in a physical relationship with her prior to their marriage.
She further alleged that he threatened to make her photos and videos viral if she did not agree to marry him.
The argument from the accused side before the court was that the complainant is of legal age, that the Criminal Procedure Code (CrPC) does not criminalise marital rape, and despite the statutory position, the police overlooked the fact that the complainant and the accused were legally married adults.
The FIR was registered following the direction of a magistrate court after the complainant submitted an application containing similar allegations to the District Legal Services Authority of Botad.
–Ajit Weekly News
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