A man who had been in jail for past five months was granted bail by the Bombay High Court on August 10. The accused was charged of rape by a woman who was friends with him on social media platform, Facebook.
The bail application was heard by Justice Bharati Dangre, wherein a case was registered against the accused, Ataullah Ansari under Section 376(2)(n) (committing of rape) of Indian Penal Code, at Kandivali police station on March 20, 2020, and he had been arrested since then. A charge sheet had been submitted by the police on June 18, 2020.
Before moving to the High Court, the alleged accused had approached Metropolitan Magistrate for bail, but the same was rejected.
Case:
The alleged victim came in contact with the man via Facebook, where she updated her profile with her mobile number on the account. The applicant contacted her on the same and they started talking. There used to be regular telephonic conversations between them.
The 24-year-old complainant alleged that in 2019, she had gone to her native place in Uttar Pradesh, where Ansari followed and visited her. Later, she filed a complaint with the Mumbai police in March this year.
The woman also said that she had revealed to her Facebook friend, that she was married earlier, but now divorced. Later, the couple came closer and established a physical relationship with each other. However, soon there was some conflict that took place between the two.
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The court observed a few pointers as they mentioned,
The complaint lodged by the prosecutrix is an immediate response to the said discord. The complainant herself alleged that the applicant severed contact with the prosecutrix and she reported the matter to her father, which resulted into filing of the FIR at Kandivali Police Station.
The court further continued,
The case of the Applicant is to the effect that the prosecutrix maintained a physical relationship with the Applicant as they shared a close bond of friendship and she never objected to the said act of physical proximity. The prosecutrix at the time of incident was 24-years of age, and according to the Applicant, it was a decision taken by a major person in her full consciousness.
After observing and going through the facts of the case, Justice Dangre in her judgment said,
The Applicant and the prosecutrix are major and as per the version of the complaint, she encouraged the friendship initially which slowly resulted into a physical one. She had accompanied the Applicant at several places where the Applicant established physical contact with her. She never objected to the same and from January 2019 till filing of the complaint in March 2020, allowed the relationship to flourish.
The court also noted,
Then, one fine day when the relationship turned sour, she filed the complaint. Prima facie reading of the complaint does not make out a case of sexual indulgence without her consent or against her will but points out a consensual act. The Applicant has been arrested since March 2020.
In the backdrop of the allegation in the complaint, when prima facie no case of forcible sexual act is made out, he is entitled to be set on bail.
Likewise, the applicant’s bail was granted by the Bombay High Court with the man directed to equip a bond of Rs 20,000.
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Ataullah Fakruddin Ansari .. Applicant Vs. The State of Maharashtra
WATCH INTERVIEW WITH WRITER-DIRECTOR MANISH GUPTA
(SECTION 375 THE FILM)
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The post “One Fine Day When Relationship Turned Sour, She Filed Complaint”: Bombay High Court | Read Order appeared first on Mens Day Out.
Source: Mens Day Out
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