The Madhya Pradesh High Court (Indore Bench) granted temporary two-month bail to a man (appellant) so that during this period the appellant can solemnize the marriage with the prosecutrix/complainant in a rape case.
The bench of Justice S.K. Awasthi was hearing the plea of the appellant who had preferred an appeal under Section 14-A (2) of the SC/ST (PA) Act, 1989, feeling aggrieved with the order dated 25.05.2020, rendered by Special Judge Dewas, District Dewas, in Bail No.217/2020 whereby his prayer for regular bail was declined.
Notably, the appellant was accused of repeatedly rape of her (the prosecutrix). On the insistence of appellant, the prosecutrix had even divorced her husband and thereafter the appellant went back on his promise to marry her.
Appellant was arrested on 12.02.2020 in connection with the crime No.113/2020 registered at Police-Station City Kotwali, District Dewas in relation to offence punishable under Sections 376 2(N), 506 of I.P.C., and 3(1) (W-II), 3(2)(V), 3(2)(V-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) 1989.
Submissions of the parties
As per the prosecution’s case, the prosecutrix had lodged an FIR alleging that the appellant committed rape upon her on the pretext of marriage.
Also Read: NHRC Seeks Detailed Report on UP Gang Rape and Murder of 13-Yr-Old Within 6 Weeks
The counsel for the appellant submitted that he was innocent and he was falsely implicated in the present crime. It was argued that the prosecutrix is a married lady.
The prosecutrix made allegations against the Rape accused appellant in her statements recorded under Section 164 of Cr.P.C. that she was having a love affair with the appellant and he made physical relation with her first on 15.02.2017, thereafter, he started coming to her house regularly and continued to have physical relationship with her.
On the insistence of appellant, she divorced her husband and thereafter the appellant refused to marry her.
It was further submitted that now the family members of both the parties were ready to solemnize their marriage and in this regard, the prosecutrix also gave an affidavit before the Court.
Looking to the aforesaid, the counsel for the appellant prayed for grant of bail to the appellant.
Court’s Observation
The court in its order stated,
“Looking at the fact that the appellant and the prosecutrix are major and now they are ready to solemnize the marriage. In these circumstances, the present appeal is allowed in part and the appellant is granted temporary bail for a period of two months from the date of his release so that during this period the appellant can solemnize the marriage with the prosecutrix.”
