Tuesday, November 29, 2022

Supreme Court refuses to quash bail of rape accused, observes it as consensual relationship

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The Supreme Court has upheld the Rajasthan High Court order on granting bail to a man accused of raping a woman, while observing that it appears to be a case of “consensual relationship”.

The Division Bench comprising Justice D.Y. Chandrachud and Justice Surya Kant on February 25 refused to entertain the plea of a woman, seeking cancellation of bail of a person accused of raping her.

The Court observed that she went to hotels with the accused and spent the salary sent by her husband posted at the border as a Central Security Force personnel.

Advocate Aditya Jain, appeared for the woman, submitted that the accused harassed the victim and committed rape with her several times, and even blackmailed her for money.  

The plea stated that the High Court has not assigned any reasons, while enlarging the accused on bail, while it is a settled law that there is a need to indicate in the order, reasons for prima facie concluding why bail was being granted, particularly where an accused was charged with having committed a serious offence.

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The sister-in-law of the accused, who lived in the same village, invited the complainant to her home wherein the accused was also present and offered her intoxicated tea and she lost consciousness. The victim in the FIR has alleged that the accused and his sister-in-law and her husband assisted in her rape, blackmailing, and extortion of money over a period of time, the plea added.

“You (woman) left your children back at home and went with him (accused) to hotels. You took a separate room on rent to live with the accused in a nearby town. This is how you were spending money of your husband, who is an ITBP personnel. That poor fellow posted at the borders did not even know what his wife was doing back home”

-the Court said.

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