The Delhi High Court, while granting bail to a rape accused, observed that a lady who is of 23 years is old enough to decide what is right or wrong for her.

The bench was hearing a bail case registered under Sections 376, 506 and 174A of Indian Penal Code. According to the prosecution, the prosecuterix had lodged a complaint in the year 2019 that in 2016 she went to Mohali, Chandigarh, where allegedly the petitioner forced her to join coaching classes.

Once she joined the classes, she allegedly started missing the classes and instead went to malls and PVR cinemas with the petitioner. It was alleged by the prosecuterix that during this time, the petitioner had recorded an obscene video of her and blackmailed her to make physical relations with him.

Later in 2018, according to the prosecuterix, the petitioner went to her home in Delhi, and on pretext of deleting the video, raped her. In the year 2019, he sent her the video on Facebook Messenger after which she lodged this complaint with the police.

During the hearing, the prosecuterix submitted that the petitioner fired a gun on her leg and for this two FIRs had been lodged under Arms Act and IPC.

The bench observed that at the time of incident, the woman was of 23 years aged and was at a better position to decide what is right and wrong for her. The bench further observed that during her stay in Mohali, neither she filed an FIR nor thought about returning back to Delhi from 2016 to 2017.

The bench also noted that why didn’t the prosecuterix complained about the alleged threats to petitioner’s mother and just informed about the incident to petitioner’s sister. The bench also relied upon the FSL report which did not recover any incriminating evidence from the petitioner’s mobile.

The bench observed that due to the absence of any technical evidence against the petitioner, the prosecuterix case has no stand and therefore, granted bail to the petitioner.

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