NEW DELHI: While granting bail to a man accused of rape on the pretext of marriage to a woman, the Delhi High Court observed that the duo met on a dating app and not on a matrimonial app.
Justice Vikas Mahajan noted that prima facie, the sexual intercourse appears to be consensual and there does not seem to be any false promise of consent having been obtained on a misconception.
"It is not in dispute that the complainant and the petitioner met on a dating app “Hinge” and not on a matrimonial app. There has been exchange of numerous WhatsApp messages between them and in none of the messages there is any promise or proposal of marriage mooted by the petitioner," it was noted in the high court order.
A case under IPC Section 376 (rape) and 420 (cheating) was booked against the man after the woman accused him of “initiating sexual contact” by promising to marry her. They continued the intimate relationship, and she also gave the accused Rs 1.2 crore for treatment, the woman's complaint contended.
It was also noted by the court that the obscene photographs of the woman on the mobile phone of the man were taken with her consent.
“With regard to the obscene photographs and videos of the prosecutrix recovered from the mobile phone of the petitioner by FSL, the prosecutrix in her cross examination has admitted that such photographs and videos were taken with her consent. In the aforesaid factual backdrop, prima facie, the sexual intercourse appears to be consensual and there does not seem to be any false promise of marriage or the consent having been obtained on a misconception of any fact,” the order noted.
It was argued by the man's lawyer LS Chaudhary that his client has been in custody since May 13, 2022 and the charge sheet has been filed and the prosecutrix also stands examined, therefore, the custody of the petitioner is no more required.
He also said the allegations were only an afterthought since they met on a dating and not a matrimonial app.
