Consent in rape case allows anticipatory bail to the accused : Bombay HC

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Consent in rape case allows anticipatory bail to the accused : Bombay HC

In the instant case an Fir was lodged by a lady police constable of 31 years against the Police sub Inspector of the Vashi Police Station alleging that the accused had raped her several times before against her consent. It was alleged that the first sexual act happened in his car as he mixed something in her drink and she was not in her senses. Later he molested her as it was alleged that he recorded the same act and threatened to leak it which will tarnish her image and reputation. Therefore she was forced to have sexual intercourse with him under threat. It was also alleged that one day she took a stand for herself and refused to have sex with him wherein he beated her mercilessly which led to bleeding nose and other injuries. The complainant was a married lady and upon suspicion when her husband inquired about the said injuries she broke down and told him the truth and thereafter lodged the FIR under sections 328,323, 504,506,376(2) of the Indian Penal Code.

However the Bombay High court was of the opinion that according to the text messages exchanged between both the parties it was prima facie a case of consented sexual intercourse. Also the prosectrix was a married lady of 31 years of age and had clear knowledge of right and wrong. The division bench consisting of Justice Injrajit and Justice AM Badar contended that pre arrest bail should be granted to the accused on benefit of doubt.

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