Rape accused gets interim relief, shows accuser's likes and comments on Facebook

The high court in its order said that prima facie it is difficult to believe the allegation levelled by the complainant of having physical relations with the accused for almost four years on the belief that he would marry her one day. At the same time, the likes and comments of the complainant on the accused's pictures on Facebook also helped him in getting relief in the matter.

New Delhi: The Delhi High Court has given interim relief to a rape accused. The court said that the allegations made against the accused are not prima facie strong enough. A bench of Justice C Harishankar said in its order that prima facie it is difficult to believe the allegation levelled by the complainant of having physical relations with the accused for almost four years on the belief that he would marry her one day. At the same time, the likes and comments of the complainant on the accused's pictures on Facebook also helped him in getting relief in the matter.

The woman had alleged that the accused had a physical relationship for a long time by promising to marry her. The woman had lodged an FIR against the accused petitioner on May 8 at the Prem Nagar police station. In the FIR, the woman has alleged that the petitioner continued to have physical relations with her since July 2018. In the case, the accused had filed an anticipatory bail petition in the high court.

The counsel appearing for the accused said that the petitioner is married. The counsel for the accused argued in the court that the relationship between the two was mutually agreed upon. The lawyer further claimed that the complainant knew very well that the applicant was married, hence the question of promising marriage does not arise. The lawyer showed the court a picture posted on the applicant's Facebook account. In this, he was with his wife. The lawyer also told the court that the complainant had liked this picture and even commented on it. Like and comment on the photo on the part of the complainant proves that she was well aware of the marriage of the accused.

At the same time, the high court said that they have dismissed all such types of cases earlier as well. It further added that the criminal proceedings under section 376 of IPC were initiated on the allegation that the accused had promised to marry the complainant, who willingly consented to have a physical relationship with the accused, despite knowing his marital status.