New Delhi, July 22 (PTI) A Delhi court has granted anticipatory bail to a man in an alleged rape case, observing that there is no straitjacket formula for determining consent and that a criminal intention had to be ascertained from the facts and circumstances of each case.
Additional Sessions Judge Kamini Lau noted that prima facie the relationship between the accused and the 25-year-old complainant was consensual.
The Judge also noted submissions of the accused that he was seeking time to marry the complainant because of his father’s ailment of brain cancer.
The judge said that as per the submissions of Additional Public Prosecutor Pankaj Bhatia, as far as adding Section 354(D) of IPC to the charges was concerned, no allegations were made that the accused stalked the victim.
The judge said according to the Investigating Officer (IO), since the accused had joined the investigation, his custodial interrogation was not required.
During the proceedings, Advocate Kapil Madan, appearing for the accused said that he was in a consensual relationship with the complainant.
Though the accused wanted to marry the complainant, the woman’s family did not agree to an inter-caste marriage.
The IO’s report also said that the accused was “admittedly in a consensual relationship and was willing to marry the complainant.” The court granted anticipatory bail to the accused on furnishing a bail bond of Rs one lakh and one surety of like amount.
According to the IO’s report, the case was registered by the complainant on October 10, 2018.
She was working in the accused’s company as an accountant and she was already engaged.
After getting into a relationship with her, the accused promised to marry her and pressured her to break her engagement.PTI MNR UK RKS RKS
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