The Delhi High Court has recently granted anticipatory bail to a student in his twenties accused of raping his professor on a false promise of marriage.
The high court noted that the victim was a mature woman of 35 years of age at the time of the incident and the boy was around 20 years old.
While granting anticipatory bail to the accused, Justice Saurabh Banerjee observed, ” The prosecutrix admittedly was a mature adult lady aged around 35 years and the accused was a young boy aged less than around 20 years.”
The bench further observed, “It is also not in dispute that the prosecutrix was already married to her ex-husband, but was undergoing divorce.”
“Prima facie, it seems that she was in a relationship with the applicant out of choice and desire rather out of compulsion or force. More so, whence she out of her own sweet will voluntarily chose to proceed with the applicant with open eyes, open ears and an open mind,” Justice Banerjee said in the order.
As per FIR, the prosecutrix met the applicant in February 2022 in the College where the applicant was a ‘Student’, wherein the prosecutrix was/ is a ‘Professor’.
The prosecutrix alleges that in May 2022, while she was on an official trip to Manali, they got married in a small temple and the applicant promised to legally marry her in future.
She further alleged that she also met the family members of the applicant on June 4, 2022, at his home who had no objection to their marriage.
Further, as per FIR, after coming to know about the pregnancy of the prosecutrix in April 2023, the applicant and his family forced her to abort the child, in furtherance of which, a pill was administered to her by the applicant.
It is alleged that in June 2023, the prosecutrix came to know about her being pregnant again. Later, on July 1, the applicant took an advance of Rs 2.50 lakh from the prosecutrix and left.
On July 2, the applicant booked an appointment of the prosecutrix with a Gynecologist in Gurgaon for July 4, she alleged.
Senior counsel Pramod Kumar Dubey, appearing for the applicant submits that he does not have any intention to harm or threaten the prosecutrix.
He also argued that however, the prosecutrix has in multiple instances portrayed her intentions to intimidate the applicant and his family.
He further submitted that the present FIR is filed with the sole intention of harassing the applicant who is a 20-year-old Student in the College, where the prosecutrix was a Professor.
On the other hand, additional public prosecutors opposed the plea of the accused in light of the heinousness of the offences alleged and the sentence in case of conviction.
The bench said that the prosecutrix holding a Ph.D. in Marketing, is certainly highly educationally qualified and on this strength, gainfully employed as a Professor in a reputed University in Gurgaon, whereas the applicant herein was/ is merely a ‘Student’ studying in the same University.
“Thus, the prosecutrix was, admittedly, having a ‘guru-shishya’ relation with the
applicant,” the court said.
The court further said, “It would also not be wrong for this Court to infer that she was/ is well aware of the repercussions of entering into a relationship with
such an underage individual ‘Student’.”
“The prosecutrix on her own, chose not only to enter into a relationship with the applicant but also continue with the same for more than a year, ” Justice Banerjee said. (ANI)
