Rape allegations: Sacked AAP MLA Sandeep Kumar gets bail after judge watches footage

The court elaborated on the definition of rape, reasoning that whether the complainant was intoxicated at the time was a matter of “evidence” and “proof”.

Written by Aamir Khan | New Delhi | Published:November 8, 2016 4:10 am
 sandeep kumar, aap mla, aap mla rape, rape allegations, sandeep sex tape, sex cd, aap mla sex cd, sandeep kumar bail, aam aadmi party, indian express news, india news Sacked Aam Aadmi Party (AAP) minister Sandeep Kumar gets bail. (Express File Photo)

The purported sex tape that led to the arrest and subsequent sacking of Social Welfare and Women and Child Development Minister Sandeep Kumar may also have aided in him getting bail from a Delhi court. The court, after watching the video, Monday observed that Kumar committing rape was not the only inference that could be drawn from the tape.

In her chamber, Special Judge Poonam Chaudhry watched the contents of the CD on a laptop brought by the investigating agency. The court observed, “I am of the view that the material relied upon by the investigating agency can only lead to an inference that the applicant/accused had committed the offences by abusing his official position and transmitting the obscene material in electronic form. These are to be tested in the trial.”

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The court added, “Most importantly, it cannot be said that the only inference that can be drawn from the said material is that the accused has committed the offence of rape.”

The court also elaborated on the definition of rape, reasoning that whether the complainant was intoxicated at the time was a matter of “evidence” and “proof”. It added, “The question whether it was a consensual act or it was a passive submission due to fear of blackmailing is also a matter of trial.”

It was observed that Kumar has been available for interrogation and investigation from the time of the FIR, and the incriminating material had been recovered from him. “Moreover, the applicant/accused is a sitting member of the Delhi Legislative Assembly.
There is no chance of him fleeing from justice,” said the court. It commented that a balance had to be drawn to “protect fair trial” and “secure justice”.

Granting him bail on a personal bond of Rs 1 lakh, the court directed him not to tamper with the prosecution’s evidence or get in touch with the complainant. He was also restricted from travelling abroad without the court’s permission.