Court has ruled that prima facie facts point to a consensual relationship
Representation picture
Months after the #MeToo campaign raged in India, another accusation against a former vice-president of a multinational financial institution has surfaced. However, in a rare turn of events, the court has granted the accused bail within a fortnight of being arrested, citing the possibility of a consensual relation based on prima facie facts. The accused was arrested by the Powai Police on January 2 immediately after a complaint was made by the survivor, and granted bail on January 17.
The survivor's story
In her complaint to the Powai Police, the woman has alleged that the accused was her reporting boss back in 2014, and had then kissed her after he dropped her home in suburban Mumbai. The accused had allegedly captured the act on his mobile phone, basis which he threatened her to maintain a physical relationship with him. He continued asking her for sexual favours between 2014 and 2017 by threatening to make the kissing picture public, the survivor alleged.
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He would even abuse her if she refused to oblige to his sexual advances, added the complainant, who did not confide in her husband or anyone else then. According to the survivor's statement, on November 22, 2018, the accused once again demanded sexual favours, which she rejected. He then lost his cool and broke her mobile phone while attempting to hit her with a chair, but she narrowly escaped unhurt. He continued attacking her until she began bleeding from her nostrils. A doctor treating her wounds, however, suspected their cause and began making enquires.
The woman, fed up of the harassment, then decided to inform her husband, the statement read. The couple soon lodged a complaint and the police registered an FIR under sections 376 (rape), 376 (2)(K)(N) (being in a position of control or dominance over a woman, commits rape repeatedly on her), 323 (voluntarily causing hurt), and 506 (criminal intimidation) of the IPC and section 27 of the Prevention of Workplace Sexual Harassment (POSH) Act.
'Survivor had no option'
Additional Public Prosecutor K Y Salunke in his argument stated that the accused was the survivor's immediate boss and also used the photograph to threaten her. "The woman had no option but to agree to his demands. There are also photographs on record to show that she was severely beaten up by the accused, along with a hospital report supporting this. The prosecution needs time to collect evidence and the accused is likely to interfere if released on bail. A phone call from an unknown number was also received by the survivor recently, the transcript which is produced on record," the prosecution argued.
Appears consensual: Court
Additional Sessions Judge S U Baghele at the Dindoshi Court, in his order, stated that the defence counsel Dinesh Tiwari for the accused has stated that the complainant would not have travelled with the accused repeatedly across India and abroad if he misbehaved and that she would not have kept quiet for years.
The FIR was lodged on January 2 whereas the incident of beating allegedly took place on November 22, 2018. "Therefore, it prima facie appears that the cause of lodging a complaint is the recent discord. It is very difficult to prima facie believe that a woman would allow a man to have a sexual relation against her wish for a period of three years without revealing it to anybody. It thus prima facie appears to be a consensual relation and hence the accused is entitled to bail," the court said, directing that the accused be released against a personal bond of R1 lakh with two sureties and the condition that he would appear before the Powai Police every Monday to Thursday. Also, he won't tamper with the evidence. The police have been directed by the court to complete their probe and file a chargesheet.
Defence to ask for damages
Defence lawyer Tiwari told mid-day that this is pure misuse of the rape law "to malign the image of my client with an ulterior motive." He said that his client will move a separate plea in the Bombay High Court "demanding for damages from the complainant for registering a false and frivolous complaint." API Reema Lohar of Powai police, who had registered the FIR, said that the matter was not being investigated by her superior and hence she "would not be able to make any comment."
Jan 2
Day the accused was arrested
Jan 17
Day he was granted bail
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