Rejecting the bail plea of an accused in a case of gang rape, the Allahabad High Court has said while consensual sex with a woman is not an offence, it is "unethical", "immoral" and against the "established social norms of the Indian

society".

 Dismissing the bail application of Raju, one of the four accused in the case,  Justice Rahul Chaturvedi said it was the duty of the man claiming to be the boyfriend of the victim to protect his girlfriend when she was being sexually harassed by the other co-accused.

"The moment the applicant submits that the victim is his beloved, it was his binding duty to protect the dignity, honour and reputation of his girlfriend. If a girl is a major one, then to have sex with her consent is not an offence, but certainly it is unethical and immoral and also not in consonance with the established social norms of the Indian society," the judge said.

He said the applicant's act was highly deplorable and unbecoming of a boyfriend, adding that "he remained a silent spectator when the co-accused persons were brutally sexually assassinating his beloved in front of him" and "no effort to put a stiff resistance was made by him so that the soul and body of the victim could be saved from further butchering by these flesh vultures".

An FIR was lodged against the four accused at the Akil Sarai police station of Kaushambi district in Uttar Pradesh on February 20 under sections 376D (gangrape), 392, 323, 504 and 506 of the Indian Penal Code and sections 5 and 6 of the

Protection of Children of Sexual Offences (POCSO) Act.

According to the FIR, at around 8 am on February 19, the victim went to attend a stitching class. She had spoken to her boyfriend, Raju, over the phone and had planned to meet

 him.

Later, they met at a secluded place near a river. After some time, three other men reached there, abused and beat up Raju, snatched his mobile phone and allegedly raped the victim.