The Supreme Court is set to delve into a unique legal scenario as it examines whether a woman can be implicated in a rape case. This unusual case has emerged from a plea for anticipatory bail filed by a 61-year-old woman who finds herself entangled in a rape accusation alongside her son. The apex court has called upon the Punjab government to respond to the woman's plea, providing her with temporary protection from arrest while instructing her to cooperate with the ongoing investigation, as reported by PTI.
Advocate Rishi Malhotra, representing the woman, highlighted the peculiar nature of the case by pointing out that all other charges in the FIR are bailable except for the one under Section 376(2)(n) IPC, which pertains to repeated rape. Malhotra cited a previous Supreme Court judgment asserting that a woman cannot be charged with rape.
The intricate details of the case involve a complainant who was initially in a long-distance relationship with the woman's elder son based in the US. The complainant entered into a virtual marriage ceremony with the son and started living with the widow. Tensions escalated when the widow's younger son, visiting from Portugal, prompted disputes leading to a compromise. The widow allegedly provided Rs 11 lakh to the complainant to terminate the informal marriage with her elder son. In response, the complainant approached the local police, lodging an FIR against the widow and her younger son, accusing them of rape and other charges.