Aanchal Agarwal –
Published on August 27, 2021, at 14:30 IST
The Dindoshi Sessions Court in Mumbai granted bail to a 30 year old man who had been accused of Rape by his live-in partner.
The Court held that, “The said live-in relationship, by itself is sufficient to show that the sexual relationship was consensual, due to which, the applicant is entitled to get bail.”
The couple lived together in a rented apartment from November 2018 to May 2020.
The woman claimed that during this period she had to undergo abortion two times.
According to the FIR, the woman agreed to live together with the man only when he promised to marry her.
Later the man broke off with her and went on to marry some other girl.
Subsequently, the woman lodged the FIR under Sections 376 (Rape) and 313 (causing miscarriage without a woman’s consent) of the Indian Penal Code.
Seeking Bail, the Defence revealed before the Court that the couple was married before they started living together. Therefore, the client is being falsely implicated and that the relationship was totally consensual.
The Defence also stated that the woman has refused to undergo medical examination and also has given a no objection certificate to the man getting bail.
However the Prosecution argued that the woman is being pressurised and also she has faced a lot of physiological trauma due to the abortion.
The Investigating Officer added that the release of the man on Bail may likely affect the completion of investigation.
However the Court still allowed the Bail plea on an executing bond of Rs.15000 and also directed him not to tamper with the investigation.
Also Read: Legality of Live-in Relationships in India