MAINTAINING THAT it was a case of consensual relationship, the Bombay High Court recently granted pre-arrest bail to a sub-inspector posted at a police station in Navi Mumbai for allegedly raping his colleague on several occasions.
A division bench of Justice Ranjit More and Justice Bharati Dangre said, “…in the light of several text messages exchanged between the parties (the accused policeman and his colleague), prima facie we are of the opinion that the case in hand is a case of consent.”
The accused policeman had approached court in January after a sessions court rejected his anticipatory bail plea. In November 2018, the 31-year old complainant, a police constable, had got an FIR lodged against the sub-inspector, alleging that he raped her several times between March 2017 to October 2018 in his vehicle.
The woman alleged that the first time she was raped, the accused spiked her drink. Thereafter, the accused kept on raping her by threatening to make public their act that he claimed to have recorded. She claimed that in November 2018, the accused again demanded a physical relation, and when she refused, he assaulted her.
When her husband questioned her about the injuries, she narrated her ordeal to him. Following this, she approached the police. Advocate Tanveer Nizam, appearing for the accused, argued that the relationship was consensual and this fact is reflected from the text messages exchanged between the two. Nizam told court that the FIR was lodged after about 18 months and that too, when the husband of the woman became suspicious.
Assistant Public Prosecutor M M Deshmukh, opposing the anticipatory bail plea, told the court that screenshots of the messages found on the cellphone of the woman incriminated the accused.
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