The Bombay High Court has granted anticipatory bail to police sub-inspector Amit Shelar who is accused of raping a colleague, noting that the relationship was consensual.
Mr. Shelar, who is attached to the Navi Mumbai Crime Branch, was suspended after the FIR was lodged. His lawyer, Tanvir Nizam, said,
This was a false FIR and the investigations were unnecessary and clearly motivated. The High Court has held that this is a consensual relationship and charges of rape are not applicable. This brings a huge relief to Mr. Shelar.
A division bench of justices Indrajit Mahanty and A M Badar granted anticipatory bail in July to Shelar after he had approached the HC in January this year, following a bail rejection from sessions court.
Allegations
- In November 2018, the woman, a constable attached with the Navi Mumbai police’s crime branch, lodged a complaint alleging Shelar had raped her in March last year after spiking her cold drink
- The high court, in its order, observed that the complainant is a serving police constable and an adult married woman
If the facts stated in the FIR and the text messages exchanged between the complainant and the accused person are considered, prima facie we are of the opinion that the case in hand is a case of consent. We are of the opinion that the act was consensual in nature.
The court further said,
This is a case of a 31-year-old married woman, indulging in sexual relations with her colleague on several occasions without disclosing the fact to her husband.
It said the FIR was lodged after the complainant’s husband found the text messages exchanged between the sub-inspector and the complainant. In her complaint, the woman said the man had claimed to have recorded the incident and used that to allegedly rape her on multiple occasions thereafter.
Husband Saw Phone
The court said the woman did not disclose the matter to her husband or the police despite having several opportunities to do so.
On the contrary, the messages exchanged between the parties indicate that the complainant suspected that her husband [was] monitoring her mobile and ultimately, on November 16, 2018, the FIR came to be lodged, the court said.
It said the report for the medical examination to determine assault was also negative.
Explanation to Section 3(1)(W) makes it clear that unequivocal voluntary agreement either by words, gesture or in the form of non-verbal communication communicating willingness to participate in a specific act amounts to consent, the court said.
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