Mumbai: Observing that the relationship between the rape accused and the woman appeared to be consensual, the Bombay High Court granted pre-arrest bail to the married man who happens to be her distant relative. A case was filed against the accused early this year at the Chandgad police station in Kolhapur. The woman alleged that he had objectionable photographs of hers; which he threatened to make public and raped her.
The man had approached the HC through Advocate Satyavrat Joshi after his pre-arrest bail was rejected by the sessions court. On March 15, the HC had granted him interim protection from arrest. The woman alleged that the accused called her to his house and took some photographs. Later, she then called him to her house to get the visuals deleted. However, her husband caught the duo together and assaulted them.
Forcible sexual intercourse
The man later asked the woman to take her ornaments and cash and accompany his friend to a designated spot where he would meet her. He then took her to various places and had forcible sexual intercourse, alleged the woman. Countering the claim, Advocate Joshi said that the duo was in a relationship hence the sexual intercourse was consensual. In his objection, State Advocate Shrikant Yade pointed out that the man had not surrendered his mobile phone which allegedly contained the photographs.
Granting relief to the accused on October 12, Justice NJ Jamadar noted, “… the contention that the woman was forced to accompany the applicant’s friend and the applicant to various places on account of the threat to make the photographs viral prima facie does not appeal to human credulity.” The court reasoned that since her husband already knew about the alleged liaison, the threat of making the photographs public prima facie does not constitute a sustainable justification for leaving the matrimonial home along with articles at the dead of the night. As per the police case, the accused had left her alone to reside at a PG house hence the woman had the opportunity to get herself out of the man's clutches, the court added.
In case of arrest, he shall be released on furnishing a personal bond of ₹30,000, read the order, directing the man to surrender his mobile phone to the police.
