A Mumbai builder has been granted bail by the sessions court after his lawyer submitted some audio recordings of the complainant’s lawyer demanding Rs 20 lakh to settle the matter.
The accused was behind bars for the past 10-months.
Case:
Ankush Makharia (47) was booked by Oshiwara police in April 2022 on charges of raping a woman on the pretext of marrying her. It was also alleged that he cheated her of Rs 4 lakh and assaulted, abused and threatened her.
Allegations by Complainant Woman
As per a Mid Day report, the complainant woman in her statement said that she met Makharia in 2017, when she was 34-years-old. In October 2017, she received a phone call from a woman claiming to be Makharia’s wife. She then confronted Makharia about her and he said they were getting a divorce and that the case was pending in court.
The complainant alleged that Makharia had promised to marry her after his divorce and even introduced her to his family, friends and parents. She further accused him of taking money from her due to his poor economic condition.
In 2018, the complainant learnt that he had a daughter and a son, but Makharia claimed they were adopted, she told police. When the complainant insisted on getting married, Makharia gave excuses. She ended their relationship in 2020, and lodged a complaint on April 6, 2022.
Defense by Accused
Makharia’s lawyer Advocate Ali Kaashif Khan Deshmukh argued in the court that the woman was trying to extort money from him. He argued that the sexual relationship was consensual and thus cannot be alleged as rape.
Alleged Blackmail
The accused submitted some WhatsApp messages that the woman had sent to Makharia:
- One of the messages was sent on March 9, 2021, where she asked the accused to give her Rs 3,75,245 and threatened to increase the amount if he delayed
- Second message was sent on November 27, 2021, where she threatened to file a complaint if he did not pay
Another message read:
Return full money or FIR next Monday.
The accused argued that the messages show that the complaint was filed with an ulterior motive to extort money, as there was no mention of marriage in the WhatsApp chats. His ex-wife too had filed a complaint against the woman in 2019 for allegedly assaulting her.
The lawyer of the accused then claimed that the complainant had been demanding Rs 20 lakh from his client since December 2022 to settle the case out of court.
Makharia’s friend recorded the conversation between the two lawyers and submitted the recording before the Bar Council of Maharashtra along with a complaint against the woman’s counsel.
Uttar Pradesh NCRB Rape Report 2019｜57% Cases Account For Rape On Promise Of Marriage
Complainant’s Defense to Allegations of Extortion
Advocate M Bodke, who appeared as an intervener for the woman, told the court that the accused himself had initiated the talks for settlement through his friend on January 2, 2023.
Mumbai Sessions Court
Going through material facts on record, the sessions court granted bail to the accused after a period of 10-months in jail.
In its order, the court noted that the complainant woman continued her physical relationship with the accused, despite fully being aware that he was married and had two children. The order dated April 1, 2023 read:
The court found that the subsequent events pointed out by the accused showed a change in circumstance, and the case for bail was made out.
Speaking with Mid-day, Advocate Deshmukh said,
After going through material proofs in hand, the session judge granted bail to my client [Ankush Makharia]. He was behind bars for 10 months. The same court in the past had rejected his bail twice due to an existing similar case from 2015 by another woman.
VFMI Take:
- One can be morally judgemental about the accused and his extra-marital affairs
- However, women too are adults, who voluntarily got into a relationship with this married man
- Can women be allowed to misuse rape laws to their advantage or settle with money?
LEAVE YOUR COMMENTS BELOW:
Rape On Promise Of Marriage: Mumbai Builder Gets Bail After Submitting Audio Recordings Of Complainant's Lawyer Demanding Rs 20 Lakh To Settle Case
One of the msgs from complainant woman read:
"Return full money or FIR next Monday."#VoiceForMenhttps://t.co/NkCt2wcVz7
— Voice For Men India (@voiceformenind) April 3, 2023
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