Read Time: 05 minutes
Allegedly the 35-year-old married man had raped his married co-worker on the false promise of marriage.
Justice Poonam A. Bamba of the Delhi High Court on Monday granted pre-arrest bail to a 35-year-old married man accused of allegedly raping a woman on false promise of marriage.
The man claimed that he was not competent to marry the prosecutrix, who was already married, and thus he could not have induced her into a physical relationship on the false promise of marriage.
It was his case that the prosecutrix had a consensual relationship with him despite knowing his marital status. He claimed that his marital status was well known to everyone in the Jamia Milia Islamia University, including the prosecutrix, where they both worked for the last four years.
Senior Advocate Salman Khurshid, counsel for the petitioner submitted that the prosecutrix was married and argued that as both of them were married there was no reason for the petitioner to seek sexual favor based on a false promise of marriage, as alleged.
He further claimed that the petitioner has clean antecedents.
Khurshid relied on an Apex Courts judgment in Prashant Bharti v. State (NCT of Delhi), 2019, wherein it was observed that as the prosecutrix was married at the time, there was no question of her being induced into a relationship on the false promise of marriage.
On the contrary, counsel for the prosecution strongly opposed the bail application claiming that the petitioner had been charged with rape and intimidation and had repeatedly raped the prosecutrix by making false promises of marriage, despite the fact that he had no intention of marrying her.
It was further claimed that when the prosecutrix asked the petitioner to marry her, he began threatening her and blackmailing her.
Furthermore, it was stated that the investigation is in its early stages and the petitioner is deliberately refusing to cooperate with the investigation and evading arrest.
The court while agreeing to the submissions of Khurshid observed that the petitioner, as a married man, was ineligible to marry the prosecutrix (who was also married) and therefore, could not have induced her into a physical relationship on the false promise of marriage.
Accordingly, while granting anticipatory bail to the petitioner, Court disposed of the petition.
Case Title: Mohd. Sadab Khan v. State Govt of NCT of Delhi & Anr.
Please Login or Register
