THE PRESENCE OF A WOMAN ON A DATING SITE CANNOT INDICATE THAT SHE IS OF EASY VIRTUE

The Allahabad High Court recently observed that the presence of a woman on a dating site cannot be an indication of her virtues and cannot be a ground to declare that a woman is of easy virtue. The HC observed the above while denying anticipatory bail to a rape accused, who established a physical relationship with the victim on the pretext of false marriage. The accused and the victim met on a dating site.

Senior Advocate Gopal Swaroop Chaturvedi, appearing for the applicant-accused, submitted that the accused and the victim met through a dating app. Within four days of their acquaintance, they entered into a physical relationship. This clearly demonstrates that it was a case of consensual sex. The Counsel further put reliance on their chat and argued that there is no evidence to show that the two spoke anything about marriage. Therefore, the allegations of the establishment of a physical relationship in the name of marriage were not made out.

The Court said that the fact that the accused and the victim met through a dating site could not lead to the presumption that the victim has consented to sex due to her easy virtue. And therefore, this has to be determined at the trial and not during the bail. The Court further noted regarding the chat that after inquiring about the family status, habits, date of birth, conversation, affection, admiration, etc., are sufficient to show that there was something more than a physical relationship in the mind of the victim.

The Court rejected the plea for anticipatory bail and advised the accused to apply for regular bail. 

Author: Papiha Ghoshal