Mumbai: In light of high court (HC) order that âthe consent obtained by fraud amounts to no consent and if there is sexual intercourse with consent but obtained by fraud amount to rapeâ the Dindoshi sessions court has refused to grant anticipatory bail to a man who has been accused by his childhood friend of raping her on pretext of marrying her.
Subsequently, the applicant moved HC which granted him interim protection from arrest and his application is pending for hearing.
According to FIR, the complainant was made to abort her pregnancy twice which was out of alleged relationship with the acc-used. Yogesh Chalawadi sought pre-arrest bail from the court after his 27-year-old friend registered an FIR against him in Amboli police station.
The applicantâs lawyer had contended that the complainant is a 27-years-old lady and her physical relationship was with consent and hence the case of rape is not made out. The applicant claimed that his marriage with another girl was called off, as the complainant had made hue and cry at venue.
Public prosecutor had opposed the bail application saying that the investigating officer needs the applicantâs custody for medical examination and further probe. Sessions judge Vilas Kadam in his order said, âEven though the complainant is 27 years old, the applicant didnât comply with the promise of marriage made by him.â
The judge also relied up-on an HC order that, âthe consent obtained by fraud amounts to no consent.â