Wednesday, September 12, 2018

Maulvi’s 3rd wife alleges sodomy, HC denies anticipatory bail

The Gujarat high court has denied pre-arrest bail to a maulvi from South Gujarat who is accused of sodomizing his third wife. Justice A Y Kogje refused bail to the 40-year-old man, a resident of Mandvi town in Surat district, “The court is convinced that prima facie, the allegations (levelled by his wife) attract the ingredients of the offence (section 377 of IPC) and hence discretion cannot be exercised in the favour of the applicant.” 

The Maulvi had married his 25-year-old neighbor last year. The woman’s parents were against their marriage because two previous marriages of the maulvi were already in subsistence. A few months after marriage, the woman complained to her parents about her husband forcing her into unnatural sex and being cruel to her. The woman approached Mandvi police station in April and accused her husband of cruelty, unnatural sex, assault, and demanding dowry. She said that her husband has three wives and he keeps them at different places. Cops registered an FIR against the man in May and booked him under sections 498A, 377, and 323 of the IPC and the Dowry Prohibition Act. 

The Maulvi approached Bardoli court for anticipatory bail, but he did not get any relief. He approached the HC in July. His advocate argued that it was only a case of offence under section 498A of the IPC. He said that to give it a serious colour, the woman had levelled charges of unnatural sex. He also submitted, “If such reckless allegations are considered by courts, no husband is safe”. It was also contended that the woman’s father insisted on divorce and the invocation of section 377 only as a pressure tactic. It was also argued that there was no medical evidence available to prove that allegations are correct. The maulvi had married his 25-year-old neighbour last year. The woman’s parents were against the marriage as he already had two wives

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