The Dindoshi Sessions Court in Mumbai gave bail to a man who was accused of rape by his significant other. Additional Sessions Judge SU Baghele said that a live-in relationship alone was enough to show that the sexual relationship was consensual.
After the judge went through the details of the case, the judge said, “Regardless of the woman’s ‘No Objections’ in her own affidavit, the factual matrix revealed in FIR [first information report] ipso facto shows that the relationship was consensual for the simple reason given by the woman [she was] constantly living with the man, even without marrying him. “
According to the FIR registered at the Vile Parle Police Station, the man had promised to marry the woman, after which they lived together in a rented apartment. They stayed there as life partners from November 2018 and May 2020. The woman said she had had two abortions in the course of their relationship.
The man later refused to marry her and ended the relationship, she claimed. The man is said to have told her that he married another woman.
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The woman then filed the FIR under sections 376 (rape) and 313 (miscarriage without the consent of the woman) of the Indian Criminal Code (IPC).
During the bail hearing, the man informed the court that the woman had not raised any objections to the bail with an affidavit. The court found that the woman had also declined her medical examination during the investigation. It turned out that they were both married before their relationship.
On the other hand, prosecutors argued that the man and woman lived together after the man made the marriage vows.
Prosecutors argued that the woman had to undergo an abortion and was under psychological pressure. Prosecutors said her testimony in front of a judge has not yet been recorded.
The case investigator added that if the man were released on bail before the investigation was closed, the case would likely be detrimental.
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