Sexting in consensual relationship won't amount to insulting modesty of woman: Mumbai Court
Mumbai: A Mumbai Court recently acquitted a man who was pressed charges under insulting the modesty of a woman under Section 509 of the IPC for sending sexually explicit messages to a woman and observed that sending sexually explicit messages to a woman whom the accused was proposing to marry and who had not raised any objection to the same at the relevant point of time, will not amount to insulting her modesty.
Additional Sessions Judge DD Khoche noted that the woman had not objected to the messages from the accused at the relevant time.
“Sending such messages in such a premarital period, may delight the other one. It may give the happiness, may give the feeling that someone is closer to him or her, to understand his/her emotions,” the Court observed.
The accused Jignesh Chandulal was booked in 2010 under Sections 509 (outraging modesty), 376 (rape), and 420 (cheating) of the IPC.
The complainant woman had reportedly met Jignesh on a matrimonial site in 2007 and despite the opposition of Jignesh’s mother, the woman had started living with him and had tried to marry him. Eventually, there were quarrels between the accused and the complainant and the marriage between the two could not take place.
Feeling deceived, the woman lodged a complaint against the accused. Initially, he was charged for insulting modesty of woman under Section 509 IPC and cheating under Section 420 IPC besides provisions of Dowry Prohibition Act.
Subsequently, the charge of rape was added on the ground that the man had sexual relationship with the woman by giving false assurance of marriage.
The Court said if the woman did not like the accused sending her sexually explicit messages, she should have conveyed it to the accused and he might not have repeated the same.
"The purpose of it, was to put up his expectation before her, to arouse her with similar feeling of sex, which may give the happiness even to her etc. However, in no way those such SMSs can be said as were sent to insult her modesty. There does not find such intention in sending such SMSs. Had there been such intention, the words could have reflected the same," the order stated.
The Court also nulled the charges of rape against the accused adding that the sexual relationship between the two parties was not forceful and was consensual. “It was the sexual relationship which had taken place by both the major parties at their own wish to experience the sex prior to the marriage,” it noted asserting that the case was not that of false promise of marriage.
"But it was the quarrel on the ground of stay after marriage and thereafter, by getting tired of his indecisiveness and getting surrendered before his mother’s wish and failing to handle and tackle the problem stood before him in a proper manner, he came back. …it is certainly not the case of a false promise of marriage. Rather it is the case of his failure to make substantial efforts,” the order said.
“Even after respecting the emotions of the informant, respecting her fighting for justice for a long period of near about 11 years or more, this Court is of the humble opinion that this is not the case which would show that the offence of rape has been committed by accused,” the order stated.
The Court also said that the issue between the two parties seemed to have been regarding the place of residence post-marriage since his mother seemed to have opposed the idea of the accused and complainant living separately.
Judge Khoche opined that the accused having been brought up by his mother for at least 20-25 years, could not have denied her wish at once or strongly opposed, and had love, affection and bonding with her.
In the present case, the accused being a young person may not have been ready to leave the bride and at the same time, felt bound to his mother’s consent.
“It is usual practice in Hindu tradition that all members in family reside together. Even the new bride, who comes after the marriage at her in-laws house, does not start to stay separately with her husband, immediately, but follows the tradition as far as possible or at least for year or some months to stay together with in-laws. Therefore, it is also a tradition in Hindu families that while fixing the marriage, the groom and bride seek consent of their relatives or at least family members,” Judge Khoche said in the order.
The Court, therefore, acquitted the man of all charges.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
