A 27-year-old man from Delhi has been granted bail in a rape case after he proved his innocence by revealing all his WhatsApp chats with the alleged victim before a court. The communication between the alleged accused and the complainant clearly stated that they were in a consensual relationship with each other.
Observing the matter, Special judge N K Malhotra said,
In the present case, counsel for the applicant/accused has placed on record WhatsApp conversation, which shows that the victim was in love with the applicant.
Case:
On January 4, 2021, an FIR was registered against the man who works as a banker in the capital. He was instantly arrested on the next day and subsequently, his advocates Manoj Taneja and Sanjay Srivastava, filed a bail plea. When the matter came up for hearing, lawyers for the accused claimed that the arrest was made without any proper investigation or in conformity with the Supreme Court guidelines.
Based on the WhatsApp chats, Advocate Taneja submitted that the physical relationship between his client and the woman was consensual. Asserting further he said that the police has also violated the law laid down by Supreme Court in Arnesh Kumar V State of Bihar while arresting the man.
They later pointed out that their client’s case also deserved a preliminary inquiry before his arrest.
According to the bail plea, the first alleged incident of rape took place on August 21, 2019, in Delhi and the complainant accused the man of raping her until December 18, 2020, when the accused allegedly raped the woman in Meerut. The lawyers argued,
There has been a long, unexplained delay in the complainant filing her complaint on January 4, 2021, for the present FIR.
Court Order
The FIR, under Sections 376 (rape), 506 (criminal intimidation) of the IPC, against the man accuses him of raping the survivor on false promise of marriage. The judge noted,
He has drawn my attention towards other conversations. In the present case, the victim has refused for her internal medical examination. There was a delay in registration of FIR and the second incident took place at Meerut.
As per the cops, the relationship between the two allegedly proceeded after the man assured certain things to the woman, who also accused him of threatening her. He was further accused of “using her” without having the intention of getting married.
The man has been directed by the court not to get in touch with the survivor or influence witnesses while granting him bail.
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http://voiceformenindia.com/in-the-law/false-rape-cases-india-rape-on-pretext-of-marriage-india/
http://voiceformenindia.com/in-the-news/odisha-tinder-rape-blackmailing-case/
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If he used marriage as a token to have sex with her then it’s rape. He tricked her.