While hearing a bail plea filed by a rape accused, Bombay High Court observed “rape is just not a forcible intercourse, it means to inhabit and destroy everything” and rejected the plea. A 34-year-old man is accused of raping the daughter of his business partner who was a minor.
The matter was heard by a bench of Justice Bharati Dangre. The bench rejected the plea while taking note of the man’s age, his relationship with the victim’s family, and the fact that he was a married man with two children.
Justice Dangre noted, “The applicant has taken advantage of the fiduciary relationship, which he shared with the victim girl and put her in a vulnerable situation. Assuming but not accepting that the victim girl consented for maintaining the physical relationship, her consent is not a free consent.”
The court also observed that even if it was consensual, the consent of the survivor was not valid since Section 376 of the Indian Penal Code does not recognize the consent of the minor.
The survivor has alleged that the man who was a business partner of her father, used to send her Whatsapp messages expressing his liking towards her. She also stated that he used to tell her about the deteriorating relationship with his wife. The girl also told that fearing the consequences, she didn’t report the messages to anyone.
She also alleged that the man sexually assaulted her on the pretext of discussing a business idea. The survivor also stated in the complaint that he threatened the girl of killing himself if she did not submit to sexual intercourse.
Responding to the allegations, the accused argued that if the messages were not acceptable, she should have blocked him and reported the matter earlier. He also said that the relationship was consensual.
Justice Bharati Dangre rejected all the submissions made by the accused observing that the victim feared the consequences.
