The case has been registered on the basis of a complaint submitted by the complainant / prosecutrix alleging that she had been working with the petitioner at Sapphire International School and were acquainted with each other, the accused have been forcing the complainant, and sexually assaulting her, claimed by the complainant. Accused was booked under section 323, 427, 452, 506, and 509 IPC, and then he got arrested, later on he applied for bail.
The bench of Justice Vivek puri, observed that the complainant got scared and she also has to go through mental agony and distress due to the behaviour of accused and later on he apologized to her, so by this it cannot be concluded that this is a frivolous case made by the prosecutrix. The court further said that even if the women live with the person and had given consent to get
physical, still for future instances the person has to comply with the decision taken by the women on whether she wants to come into sexual relationship or not. The offence of rape comprises of sexually assaulting the women without her consent.
The arguments given by the parties are such that the petitioner contended that complainant has lodged the FIR very late and it has been lodged after 48 hours and it has also been contended by the petitioner that both the parties are adult and the relationship between them were consensual, that is implied by the photographs submitted by the petitioner.
At last, the court said even if the prosecutrix has given consent previously, that doesn’t mean accused get the privilege to force her or exploit her. And later on, the court denied the bail application of the petitioner.
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