Sushree Mohanty
A Delhi court has rejected the anticipatory bail plea of a 28-year-old Mumbai-based columnist, accused in an assault and rape case, because past relationship with the victim does not “infer consent”.
The said decision was passed by Additional Sessions Judge Sanjay Khanagwal of the Fast track courts, Patiala House Court.
While delivering the order, the judge stated that, “Considering Section 53-(a) of Indian Evidence Act, which gives that proof of character or past sexual encounters is not significant in specific cases, including the offense under Section 376, and this rule explicitly shows that past sexual encounters with any individual will not be important on the issue of such assent or nature of assent.
“Accordingly, from her past encounters with the charged the assent can’t be suggested,” he added.
As per the complaint filed by the victim, it was alleged that she was raped by the accused at a hotel located in Delhi’s Chanakyapuri.
In his bail plea, the accused contended that he was already in a relationship with the woman and she had herself consented to go to the hotel with him. He additionally submitted the text messages to prove their relationship.
The victim, represented by Advocates Jai Anant Dehadrai and Sidharth Arora, stated before the court that she and the accused were friends and had a sexual relationship.
She additionally stated the court that the journalist was in Delhi for a wedding and had asked her to meet.
Further, the victim said that she was “not willing to have any sexual relationship with the accused” and expressed that she “feared of injury” if she makes any move to run away from the room.
The accused in the matter is believed to be absconding and the police have issued a search warrant against him.
The officials have also circulated a “reward notice” to gather information of his whereabouts and have likewise conducted various search operations in Mumbai, Delhi, and Surat to capture him.
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