A software engineer accused of rape moves the Supreme Court, calling Rajasthan High Court’s condition—restricting his wife from going abroad—”erroneous” and a violation of rights. The plea argues she was neither heard nor part of the case.
New Delhi: On Aug 3, A software engineer who has been accused of rape on the promise of marriage has approached the Supreme Court, questioning an order passed by the Rajasthan High Court. The High Court had granted him permission to travel to the USA for a job but added a condition that his wife must stay in India during that time. The man has challenged this condition, calling it unfair and against the law.
The petitioner said in his plea that the High Court’s order was passed in “clear violation of the procedural impropriety” because it was issued without hearing his wife’s side or making her a party to the case.
His wife is currently working in the United States and is not connected to the criminal case in any way. Yet, the High Court still ordered her to remain in India, which the petitioner says is wrong and unjust.
The petition was filed by advocate Ashwani Dubey on behalf of the software engineer. In the petition, it was argued that the High Court’s order was “erroneous” and violated his and his wife’s fundamental rights under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
The matter is now scheduled to be heard in the Supreme Court on August 8.
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The advocate for the petitioner also said that the High Court’s direction suffered from both “procedural irregularity and legal perversity”, as it was passed without giving a chance to the affected person—his wife—to explain her side.
The petition clearly stated,
“The petitioner is the Indian passport holder and Indian citizen and he is not the citizen of any other country and he will be under the control of Consulate General at USA and there are no chances of his absconding as he is willing to go abroad to earn his livelihood on work visa and therefore, there is no question of his absconding.”
It further added,
“He will be going for a specific period and he undertakes a specific oath before this Court that he shall make himself available for trial as and when directed, therefore, there is no question of delay in trial and also there is no question of his absconding.”
The criminal case against the software engineer was filed at the Christianganj Police Station in Ajmer, Rajasthan. As per the petition, the man and the complainant had first met on an online matrimonial website.
Over a period of around four years, they developed a close relationship. The woman later alleged that the man had promised to marry her and, based on that promise, they became physically intimate.
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Fearing arrest in the case, the man applied for anticipatory bail, which was granted. Later, he requested permission from the trial court to travel abroad for a job opportunity in the USA. However, the trial court denied this request.
He then approached the Rajasthan High Court, which allowed him to go abroad but only on the condition that his wife—who is not involved in the case—must stay in India while he is out of the country.
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