A woman,who had earlier charged a man with raping her,converted to a different religion and asked the court that he be freed so that they could marry. The court,however,threw out the invalid appeal.
Mobin (25) was arrested by the police on November 19,2005,following a complaint filed by a teenage girl stating he had raped her around a fortnight ago. She lived in his neighbourhood. Mobin worked as a driver.
In judicial custody since his arrest,Mobin recently sent a message to the girl,now 23,and her family,stating that he wished to marry her and his family would not oppose any proposal if she converted to his religion.
The girl and her family agreed to his terms and Mobin then asked the victim to intimate the trial court about their plan to marry. The girl submitted an affidavit in court stating she wanted the man out on bail so that he could attend his nikah with her.
The counsel for the accused also filed a bail application,citing his marriage as the ground on which relief was being sought. He claimed wedding cards had been distributed to relatives on both sides and,hence,it was imperative for him to be present for the nikah.
The public prosecutor,however,challenged his plea and said it was nothing more than a plot to earn relief. Moreover,if the court decided to grant him bail,it would set a wrong precedent in society,the counsel for the state argued.
Finding substance in the prosecutions contentions,Additional Sessions Judge V K Khanna held that what Mobin adduced before the court was not a valid and proper ground for releasing him on bail. The judge was also convinced by the prosecutors argument that relief in such a case could send across a wrong message to society. The application of the accused is hereby dismissed, the court held in an order on Thursday.