No prima facie case of forcible sexual act - Man accused for rape set free on bail

Ataullah Fakruddin Ansari Vs State of Maharashtra

Bombay HC

10/08/2020

Bail Application No. 390 of 2020

About/from the judgment:

The High Court granted bail to an accused of rape in light of no prima facie case of non-consensual sexual indulgence.

Applicant has been accused of an offence under Section 376(2)(N) of the Penal Code, 1860.

On 20-03-2020, the applicant was incarcerated and a charge sheet was filed.

Bench observed that the prosecutrix came in touch with the applicant via Facebook. Applicant contacted the prosecutrix on the number she had uploaded on her Facebook Account, thereafter several and frequent telephonic conversations between the duo happened.

Further, the complainant stated that proximity developed between them resulting into a physical relationship.

An FIR was lodged due to some discord between the duo and it has been stated that the said FIR was in immediate response to the discord by the prosecutrix.

Case of the applicant is to the effect that the prosecutrix who was aged 24 years old, 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.

Court on perusal of the facts and circumstances of the case, states that prima facie reading of the complaint does not make out a case of sexual indulgence without the prosecutrix consent or against her will but points out a consensual act.

Therefore, bench granted bail in view of the prima facie case of no forcible sexual act being made out.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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