Read Time: 04 minutes

Synopsis

A division bench of the Bombay High Court, comprising Justice Bharathi Dangre granted bail to an accused after the complainant clarified before the court that she was not raped by the accused, as alleged earlier.

In the above matter, the complainant and her husband filed an FIR in the Kandivali Police Station against the accused. The FIR stated that the husband was into the business of catering and one day the complainant had accompanied her husband to work. When they returned back the husband asked the complainant to come with the applicant on the motorcycle as there was no place in the tempo.

It was the case of the prosecution that the applicant took an abrupt turn and stopped near a Nala, after which he forcefully had sexual intercourse with the complainant. On being enquired by the husband, the complainant informed that they had stopped to fill petrol. After some sometimes when the husband again asked the complainant about that night, the complainant told the husband that she was raped, subsequent to which an FIR was filed. The complainant then gave a statement under Section 164 of the Criminal Procedure Code and reiterated her stand, after which a charge sheet was filed and the accused was arrested.

In the bail application filed by the accused before the High Court, the complainant filed an intervention application stating that her husband came to know about her affair with the applicant, and to save her marriage the complainant lied to the husband that the applicant had raped her after which an FIR was lodged.

The Court while granting bail to the applicant noted that:

“since now the prosecutrix herself has intervened and made a disclosure that the relationship was consensual, but to save her marriage, she lodged the false complaint, I see no reason why the applicant should remain incarcerated”

Case Title: Ajit Naharsingh Dasana vs State of Maharashtra