Woman Who 'Got Married' On Video Call Files Rape Case Against Husband's Mother, Younger Brother
The Supreme Court has expressed doubts on whether a woman can be booked for rape under Section 375 of the Indian Penal Code (IPC) and for gang rape under Section 376D of the IPC.
Justice Hrishikesh Roy and Justice Sanjay Karol raised the question while hearing the anticipatory bail plea of a 61-year-old widow who had been booked under charges including rape and gang rape in a complaint filed by the woman's 'daughter-in-law'.
What is the case?
The applicant, a resident of Punjab, said that her elder son, who is settled in the US, had befriended a woman through social media.
They got married on a video call last September and the woman moved to live with her mother-in-law.
A couple of months later, the petitioner's younger son, who is settled in Portugal, came to visit his mother.
But in January this year, the younger son was to return to Portugal, the eldest son's 'wife' allegedly pressured to annul her unofficial marriage.
The petitioner alleged that her 'daughter-in-law' was also demanding Rs 11 lakhs as compensation for the annulment.
According to her, while the amount was paid, the daughter-in-law kept demanding more, which she rejected.
What are the charges?
Following this, the estranged daughter-in-law, on February 22, filed a police complaint accusing the petitioner's youngest son of rape. The petitioner was also named as co-accused in the case.?
She has been booked under Section 376 (2)n (rape), Section 342 (wrongful confinement), Section 323 (hurt) and Section 506 (criminal intimidation) and Section 34 (Act done in furtherance of a common intention) of the IPC along with her younger son.
What the law says?
The woman moved the SC after a sessions court and the Punjab and Haryana High Court rejected her anticipatory bail.
The woman's lawyer argued that as per a 2006 ruling of the Supreme Court, under Section 375 of the IPC, rape can only be committed by a man.?
To this, Justice Roy pointed out that the Section 376D, which deals with gang rape, says 'persons' and not man.
The SC, which granted interim protection from arrest to the petitioner, posted the matter after 4 weeks.?
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