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The high court was hearing a bail plea filed by a 22-year-old wherein the victim had contacted the accused after she broke up with her boyfriend who was a friend of the accused
A single judge bench of the Bombay High Court comprising Justice MS Karnik has granted bail to a 22-Year-Old student who was booked in a rape case while observing that the FIR was registered by the victim on the advice of her ex-boyfriend.
The high court was considering a bail plea from a 22-year-old student who had been charged in a rape case. The victim had established contact with the accused subsequent to her breakup with her boyfriend, who was a friend of the accused. The accused attempted to mend the relationship between the victim and his friend.
In March 2022, the accused called the victim to a lodge in Powai. The victim alleged that the accused committed rape at the lodge, after which the accused was booked under section 376 of IPC.
The counsel representing the accused argued that there was a delay of 4 days in filing the FIR. However, the court did not find this argument convincing, as it considered various factors beyond just the timing of the FIR.
The APP maintained that the allegations and the evidence suggested that the accused had exploited the situation following the breakup and had engaged in a serious offence.
The court in its order recorded that the possibility of the physical relation could not be ruled out and the case was registered on the advice of the ex-boyfriend.
“On a perusal of the statement of the victim, the possibility of physical relationship being consensual cannot be ruled out. Further, it is the victim’s friend in whom she confided, informed the incident to the victim’s earlier friend with whom she had broken up and it is as per his advice that the FIR came to be filed by the victim,” the court said.
Upon reading the WhatsApp chats between the accused and the victim, the bench noted that prima facie the physical relationship was prima consensual. Taking this into consideration, the court decided to grant bail to the accused.
The court also acknowledged that the accused was a student and had been in custody for 1.4 years, and there was no record of previous criminal antecedents by the accused.
Case title: Avinash Subhash Kamble vs State of Maharashtra
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