The court also noted that the alleged incident happened between July 2016 to June 2021 and FIR was registered this year in April and the accused got arrested in June
Representative image. Pic/Istock
A 25-years-old student of a south Mumbai-based college has been granted bail by the session court after being prisoned for a month in a case of rape where the victim was his classmate.
ADVERTISEMENT
While granting bail, the court has observed that - when a girl is major, having a love affair and is keeping a sexual relationship with a man, in that case, the consent of the girl cannot be said to have been obtained by fraud.
The court noted that the alleged incident happened between July 2016 to June 2021 and FIR was registered this year in April and the accused got arrested in June.
The court considered that before the FIR was registered this year in April, the accused had filed a complaint with Mumbai Police Commissioner and the collector in February and March about the harassment at the hands of the victim and her relatives.
Also Read: Mumbai: Police file FIR against woman for defaming Shiv Sena MP Rahul Shewale
”In his complaint, he has said that the girl and her family members are threatening him of filing a case as she have recorded multiple videos of him while having a sexual relationship. The victim herself has written love letters and wanted to meet him all the time, it was a consensual relationship between both, but my client was framed falsely in the case as he belongs to a poor family," said advocate Sunil Pandey who represented the accused.
The court has also observed that the prima-facie it appears that both were having a consensual relationship. “In the present case prima-facie it is seen that there is a delay in lodging FIR. The photographs and love letters prima-facie show that the victim and accused were having a consensual relationship,” the court order reads.
While arguing for the accused, Pandey told the court, ”He is falsely implicated in the present offence. He is a bright student and has cleared Andhra Pradesh Public Service Commission Examination. The alleged incidents occurred from 2016 to June2021. However, the report was lodged this year in April. The victim and accused were having a love affair. Both visited each other's house. The victim has attended the programs of relatives of the applicant (accused). But the report is lodged as the applicant is poor. The victim has written love letters to the applicant which show that the victim herself instigated the applicant to establish sexual relations with her. The victim is major and highly qualified and aware of the consequences of keeping sexual relations prior to marriage.”
However, the prosecution raised an objection to grant bail and submitted that the offence is serious. The seized pen drive contains 50 videos and 443 indecent photographs. The accused by threatening to make viral those videos committed sexual intercourse with the victim. Therefore, there is every possibility to threaten the prosecution witnesses and tamper with the prosecution evidence, if the accused is released on bail.
“After going through the contents of FIR, arguments advanced, documents annexed with application revealed that the accused and victim were having a love affair. The photographs placed on record strengthen the submission of the accused. It is seen that prior to the lodging of the report the accused had made complaints with the Commissioner of Police and Collector in February and March 2022 about the harassment at the hands of the victim and her relatives.” the court order reads.
As per FIR, it is alleged that in July 2016 accused called the victim early in the college on the pretext of arranging a party with friends. The victim went to Cafe Coffee Day (CCD) at about 8.00 am where the accused was working. It is alleged that the accused had taken her to the washroom, latched the door, kissed her, and by disrobing her committed forcible sexual intercourse and captured all their sexual activities in a video secretly. It is further alleged that the accused used to threaten her that if she will not continue the relationship then he will make viral her video and thereafter the accused repeatedly committed forcible intercourse with the victim till June 2021.
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
