In the matter instance Mamudin v. State of Rajasthan a case appealing the Rajasthan High Court’s ruling from April 25, 2023, which denied the petitioner’s request for release for violations of the Penal Code’s Sections 366, 376, 384, 323, 328, and 120-B as well as the POCSO Act’s Sections 3 and 4, which protect children from sexual assaults. On behalf of the petitioner, it was claimed that the prosecutrix and he had fallen in love when they were neighbours. The prosecutrix and her family practised Hinduism, whereas the petitioner belonged to the Muslim community. The couple had no choice but to elope and be married because of religious disagreements. On August 25, 2023, they also agreed to a live-in arrangement in an effort to advance their social standing.
Analysis of Judgement
Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, sitting as a division bench of the Supreme Court, granted bail to the accused after carefully weighing three significant factors: first, a live-in relationship agreement from August 25, 2022; second, a joint petition filed by the parties seeking police protection; and third, the petitioner’s status as an interfaith couple who will be held in custody for nine months. As a result, after the petitioner had been detained for nine months, the Court granted him bail.
CASE NAME – Imamudin v. State of Rajasthan, Criminal Appeal No. 1745 of 2023