On January 5, the Delhi High Court has granted an anticipatory bail to an accused man on charges of rape on pretext of marriage. While the woman filed a case against him accusing him of raping her on false promise of marriage, she also got him booked under the SC/ST Act.
Case:
The woman had been in a consensual relationship with the accused, Danish Khan since 2013. The duo had also travelled outstation many a times and even entered into a property transaction.
Judge Anup J Bhambhani took these facts into account while granting the anticipatory bail in the alleged rape case.
Prosecution
Besides, charges of sexual relationship on promise of marriage, the woman also alleged that Danish had used a casteist slur against her. The police argued in the high court that the accused had also been charged with the provisions of the SC/ST Act, hence, he did not have any right to anticipatory bail. However, the court dismissed this argument of the police.
Defense
Advocate Pradeep Teotia who is represented the alleged accused, challenged the police’s statement, arguing that as per the woman’s own case, she has recorded a statement in the FIR that she was in a romantic relationship with the man since 2013. During the period they were together, she had also travelled outstation with him.
The woman had also stated before a magistrate that Danish had taken agreement of his parents for their marriage. However, later, the same did not materialise.
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Showcasing the transactions concerning a Wazirabad property, Danish’s lawyer added that the victim lived there with her family. This very property had currently become the subject of dispute between the two as Khan has issued an eviction notice to the victim’s mother. The advocate claimed that his client was being framed.
Delhi High Court
The court highlighted that there was no reason for the man to be booked under the strict SC/ST Act. The court stayed Non-bailable warrant (NBW) issued against Danish by the trial court.
The court granted anticipatory bail to the man after observing that he had not been arrested yet. However, it asked him to appear before the court in response to the NBW.
ALSO READ –
http://voiceformenindia.com/in-the-law/sex-on-promise-of-marriage-is-not-always-rape-delhi-high-court/
http://voiceformenindia.com/in-the-law/false-rape-case-delhi-high-court-sections-376-ipc-out-of-anger-apology-quashed-fir/
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