February 13, 2021 1:08:18 am
THE DELHI High Court Friday granted bail to a rape accused against whom one of the allegations is that he forcefully engraved his name on the woman’s forearm during her captivity at his house from January 25 to April 15 last year. “In my opinion, making of tattoo is an art and special machine is required for the same. Moreover, it is also not easy to make such a tattoo which is on the forearm of the complainant if there is some resistance from the other side. It is not everybody’s job and it is also not the case of the prosecutrix that the petitioner had anything to do with the tattoo business,” said Justice Rajnish Bhatnagar in the order.
According to the case registered by police under IPC sections 376 and 506 in 2020, the woman met the accused in connection with mortgaging of a property in 2016. On September 29, 2016, he allegedly gave her a cold drink and she lost consciousness. When she regained consciousness, he allegedly showed her “nude” photos and videos of her. She was then allegedly blackmailed to have physical relations with him. She told police that it continued till May 2019.
The counsel representing the accused told the court he has remained in judicial custody since June 23, 2020 and has been falsely implicated.
The counsel said the woman, who is married, was in a consensual relation with the accused, and added that her love towards him was evident from the fact that she has got his name tattooed on her forearm. She sent the photograph of the tattoo to his email on two occasions, the court was told. The case was registered only when she failed to convince him to maintain ties, the counsel claimed.
The court said the prosecutrix kept quiet for three years and did not make any complaint against the accused and did not inform her husband either. Regarding the allegation that she was confined in the house by the accused last year, the court said chargesheet reveals that the said house was taken on rent by the complainant herself and enquiries from the landlord revealed she was residing alone in the said house.
It also said the status report filed by the police reveals there were no recording of threats as alleged by the woman and, therefore, her mobile was not seized.
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