Bail in false rape case to Police officer or allegedly raping a wife of accused involved in many cases- Ravi Drall Advocate, Criminal lawyer Rohini Court.

Bail in false rape case- Ravi Drall Advocate, Rohini Court Delhi. A man held on charges of raping a lady has been granted bail by the Rohini Sessions Court, which took a prima facie view that the accused who is an government employee and the victim were known to each other and victim has given different versions before police and court. Rohini court’s Sessions Judged granted regular bail in a rape to a Delhi police official. Accused was posted in NIA police station from 2019 to 2021 and during his posting as a police official he had arrested the husband of the complainant in a kalandra and sent him behind the bars. Later on while the accused was transferred to security of Rahul Gandhi present FIR was lodged. Advocate Ravi Drall appeared for accused and argued that the husband of the victim is a habitual offender who is engaged in many other cases, present case is nothing but a pressure tactic so that statements of the witnesses many be influenced during the court proceedings through police officials. The accused has clean antecedents and he has been implicated just because he once arrested the husband of the complainant. The complainant gave complaint after delay of six months which is a considerable time further she has given different version in FIR and statement recorded U.S: 164 Cr.PC before the Magistrate. In very peculiar circumstanced due to changing version of the complainant two statements U.S: 164 Cr.PC has been recorded in the present case. The complainant stated in her statement before magistrate that her family members pressurized her to give statement against the accused before police. Additional Sessions Judge Jagdish Kumar noted in his order, “There is delay of six months in lodging the FIR. The applicant/accused is in J/C since 14.04.2022. The prosecutrix has given different versions from the FIR in the statement recorded U.S: 164 Cr.PC. The prosecutrix who is present in the court has stated that she has no objection, if bail is granted to the accused. Nothing has to be recovered from the accused. Considering the facts and circumstances of the case, the accused is admitted on bail.”

Section 376 in The Indian Penal Code

https://www.livelaw.in/tags/bail-in-rape-case

First clause : against her will

If a male has sexual intercourse with a woman against her will, it is rape according to the first clause, unless it falls under one of the exceptions listed in the section. In Deelip Singh vs. State of Bihar (2005), according to the prosecutrix, the initial illegal conduct was carried out despite her opposition, but she later became a consenting participant as a result of frequent promises of marriage. She revealed in the FIR that she succumbed to him even before the first act because of the marriage promises. The Apex Court decided that her version was untrustworthy and that the charge against the accused was unfounded.