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Hindustan Times
3 days ago
- Hindustan Times
Punjab & Haryana HC grants bail to man accused of rape on pretext of marriage
Chandigarh, The Punjab and Haryana High Court has granted bail to a man accused of rape on the false promise of marriage observing "a no strings attached" equation between him and the complainant couldn't be ruled out. Justice Vinod S Bhardwaj's bail order noted that the man and the woman worked in the same company and the transcript placed on record by the petitioner indicated a "long standing cordial relationship" aside from the possibility of the "relationship being without any commitment and with no strings attached" couldn't be ruled out. The Badshahpur Police Station in Gurugram booked the man on February 21 under Sections 69 and 351 of the Bharatiya Nyaya Sanhita, 2023. It came on record that the man was the woman's senior at work and they met in April 2024. The petitioner was alleged to have promised to marry the women and lured her to have sexual relations with her. In January, when the woman reportedly asked him to marry, he declined, prompting the her to approach the police. It also came on record that she had conceived during their relationship and suffered a miscarriage due to stress and weakness. The petitioner's counsel argued his client was "maliciously" accused of rape and claimed before the registration of the FIR, an investigating officer was appointed on the woman's complaint made on January 15. The statements of the parties were recorded by the inquiry officer, who recorded a finding that they were "co-workers" and "good friends" for the last 10 months and were in a consensual relationship and no coercion was used to establish sexual relations, the counsel argued. It further came on record that the complainant made a second complaint before the ACP Gurugram in February which became the basis of the FIR following which the man was arrested on April 17. Interestingly, the man's counsel argued that the complainant was aware of the fact that his client was already in a 12-year relationship with another woman and there was no assurance, commitment or allurement on his part to enter into any matrimony with the former. He placed on record a purported conversation between the petitioner and the complainant in which she acknowledged their relationship began with no assurance, allurement, inducement or promises. Relaying on the recording, the counsel claimed she threatened him of not leaving him till she married to somebody else. "It is also noticed from the transcripted conversation that the complainant has expressed her obsession about the petitioner and has threatened that she would not allow him to marry anybody else till such time she herself gets married to anybody else and settle in her life," the court noted. As seen from the recording, the court said, the woman was aware of the man's relationship with another woman with whom he had contemplated to tie the knot, but threatened to expose him in front of the other woman. "Even though it is a selective extraction of the conversation that had taken place between the petitioner and the prosecutrix complainant, it shows that the allegations as levelled by the complainant may prima facie give strength and force to the suggestion of the petition that there was an element of free volition and no commitment," the court said. The court further referred to the initial police inquiry concluding that it was a consensual relationship and did not attract the rigors of the offence of rape. "Even if the allegation of the complainant getting pregnant as a result of relationship with the petitioner is prima facie accepted, it is not disputed that there was no role of the petitioner in termination of the foetus. Be that as it may, the pregnancy may at best be a proof of physical intimacy between the parties, which such fact is also not disputed or denied by the petitioner herein," the order said. The judge added, "The criminality in the instant case is not due to physical intimacy but as to whether such sexual relationship was sought on the deceitful premise of getting marriage or not." The offence required to be established, the court held, must precede the relationship between the parties. "The contemporaneous evidence does lean to some extent in favour of the petitioner as well, however, the actual assessment thereof is to be done at the stage of trial," the order read. Refraining from commenting further, the court said the investigation was complete and had culminated into a chargesheet whereas the trial would take considerable time. "The petitioner has also undergone an actual custody of 1 month and 16 days and does not suffer from any criminal is ordered to be admitted to regular bail subject to his furnishing bail/surety bonds..," the court said.
Time of India
3 days ago
- Time of India
‘No Strings Attached': HC cites casual relationship in granting bail to rape accused
C handigarh: The Punjab and Haryana high court granted bail to a rape accused, citing a recorded conversation that suggested a relationship marked by free will and no commitment. Drawing a parallel with the 2011 Hollywood movie, "No Strings Attached," the court noted that the connection between the complainant and the accused reflected a mutual relationship not persuaded by any assurance or promise of marriage. "The prosecutrix-complainant and the petitioner used to work in the same company. A perusal of the transcript appended by the petitioner along with the instant petition shows that there was a long-standing cordial relationship between the prosecutrix and the petitioner, and the possibility of the relationship being without any commitment and with no strings attached cannot be entirely ruled out," the HC held. Further mentioning the transcribed conversation between the complainant and the rape accused, the court recorded that the complainant expressed her obsession with the petitioner and threatened that she would not allow him to marry anybody else until she herself got married. The court noted, "The prosecutrix-complainant was aware of the petitioner being in a relationship with another girl for more than 12 years and that he had contemplated matrimony with the said girl. She, in fact, threatened to expose the petitioner to the said girl as well." Justice Vinod S Bhardwaj passed these orders while granting regular bail to a person from Gurgaon who was booked on Feb 21 for raping a girl who worked with him in a private company in Badshahpur, Gurgaon. It was alleged that the petitioner promised to marry the victim and stay together in the future, and under this allure, she became intimate with the petitioner. The allegations included that the victim became pregnant but suffered a miscarriage due to stress and weakness. The petitioner, on the other hand, argued that prior to the registration of the instant FIR, a complaint was submitted by the victim on Jan 15, wherein an investigating officer was appointed. The statements of the parties were recorded by the inquiry officer, and a finding was recorded that they entered a consensual relationship with each other with no deployment of deceitful means for having a physical relationship. The said complaint was accordingly recommended to be filed by the investigating officer on Jan 19. However, the girl once again approached the ACP of the area, and her complaint was converted into a FIR. Seeking bail, the counsel for the petitioner contended that the complainant was already fully aware that the petitioner had been in a relationship with another girl for more than 12 years and there was no assurance, commitment, or allurement on the part of the petitioner to enter matrimony with her. After examining the previous complaint and going through the transcribed conversation between the petitioner and the victim, the HC granted bail to the accused. "Hence, the ingredient of the offence required to be established must precede the relationship between the parties. The contemporaneous evidence does lean to some extent in favour of the petitioner as well; however, the actual assessment thereof is to be done at the stage of trial," the HC held in its June 5 order released on Monday.
Time of India
11-05-2025
- Health
- Time of India
Paramilitary soldier entitled to disability pension despite voluntary retirement: HC
Chandigarh: The Punjab and Haryana high court has ruled that a paramilitary soldier suffering from a serious illness is entitled to a disability pension even if he opts for voluntary CRPF had denied disability pension to Lance Naik Ashok Kumar , who developed colour blindness due to a prolonged eye condition, on the grounds that he took voluntary retirement rather than being medically that the soldier's deteriorating eyesight — including total vision loss in his right eye— would have impaired his ability to perform duties, the court said that the CRPF was required to take immediate and appropriate steps, but there was an unexplained and inordinate delay. "The said delay in decision-making certainly can be perceived as a sufficient ground to compel any person to take voluntary resignation and should not be perceived as an act of volition. Hence, the reasons cited by CRPF for denial of the medical disability benefits to the petitioner on the ground that the petitioner submitted his application for voluntary resignation and it was not a case of invalidation out of service on account of medical disability do not appear to be legally valid and sustainable," the court Vinod S Bhardwaj passed the orders on Kumar's petition challenging the May 19, 2017, order passed by the CRPF DGP rejecting his claim for a disability enrolled in the CRPF on June 15, 1985, served in the 13th Battalion. While posted in Manipur in 2000, he was diagnosed with Retro Bulbar Neuritis in the right eye, a progressive condition that led to vision loss. In March 2005, he was declared medically unfit during an annual medical exam. However, his case was kept for review after one year with a recommendation that he be put on light petitioner's counsel, Rajesh Sehgal, contended that regulations of CRPF DGP mandate that a high grade of colour perception is essential for service in the central police forces, and a person falling under a numerical grading E-5 is permanently unfit for contended that despite the petitioner being declared medically unfit on account of being in E-5 category, the CRPF did not invalidate the petitioner from Rehabilitation Board, in its meeting on March 5, 2009, eventually recommended the case of the petitioner for invalidation. The authorities, however, still did not order his discharge, leading to the petitioner submitting an application on April 22, 2009, for voluntary retirement, which was to the plea, the counsel for the central govt stated that in order to determine the actual admissible benefits to an employee who suffers from a disability, his medical examination was required to assess his disability, and since the petitioner was discharged on the ground of his voluntary resignation, his permanent disability was not hearing all the parties, the court quashed the CRPF order rejecting his medical disability pension. The court directed the CRPF to assess the admissible benefits payable to the petitioner on the basis of the medical report. Get the latest lifestyle updates on Times of India, along with Mother's Day wishes , messages , and quotes !
Time of India
21-04-2025
- Politics
- Time of India
HC: Govt can withhold back wages for employees acquitted in criminal cases not related to duty
Chandigarh: The Punjab and Haryana high court has clarified that the state govt is fully entitled to withhold the back wages of an employee for the duration he has been absent from duty due to involvement in a criminal case, even if the individual is subsequently acquitted of all charges. "If the prosecution, which ultimately culminated in the acquittal of the concerned individual, was initiated at the behest of or directly by the department, a different legal and equitable consideration might apply. However, when a public servant or an employee, in their capacity as a private citizen, becomes embroiled in a criminal case—wherein they face an initial conviction by the trial court but later secure an acquittal on appeal—the department cannot be held responsible for keeping such an individual out of service," the HC has held. Justice Vinod S Bhardwaj passed these orders on Friday while disposing of a petition filed by Balwant Singh, a former employee who worked as a conductor in the transport department of Haryana. The petitioner was implicated in a criminal case regarding dowry harassment and dowry death registered under Sections 498-A and 304-B of the Indian Penal Code at Kurukshetra police station. At the time of registration of the case, the petitioner was employed as a conductor with Haryana Roadways, Kurukshetra. On April 29, 1991, he was sentenced to rigorous imprisonment of seven years. On Aug 22, 1991, he was terminated from service. Later, he was acquitted by the high court in this case. Following his acquittal, he was reinstated with immediate effect, but the order dated April 28, 2006, specifically stated that the petitioner would not be entitled to back wages for the period he remained out of service due to his conviction. Aggrieved by that, he approached the HC seeking directions to pay full salary and allowances for the period he remained out of a job. His counsel submitted that once the foundation of the dismissal ceased to exist, the petitioner was legally entitled to reinstatement with all consequential benefits Strongly opposing his plea, the counsel for the state submitted that the conviction of the petitioner was the sole reason for his dismissal, and as a result, the department was unable to avail his services during the intervening period. "Unless an acquittal is based on a finding of false implication or malicious prosecution, the employer is not obligated to compensate an employee for the period during which they were lawfully dismissed...," the state contended
