Bombay HC order relief to the army man for rape accuse
Single bench Justice Bharati Dangre granted anticipatory bail to an Army Major who was charged with rape by a woman who met and found on a matrimony website in Maj. Aunshuman Mahendra Jha vs The State of Maharashtra.
As per the case, complainant-woman, aged 28 years old and had found and connected the accused on matrimonial website, where she was registered. The army major and the women had begun communicating over Whatsapp chat and visited Mumbai specifically for the purpose to meet the complainant as both desired to get married.
The complainant alleged that he forced a physical relationship on the promise that they will get married end of the year and also committed ‘unnatural sexual offences at the time.
Consequently, when the woman noticed that the major and his family were unwilling to continue with the marriage proposal. Thus, the complaint was filed after two years as the complainant remain silent to get married.
The complainant filed F.I.R for offence punishable under Section 376, 377, 420 of the Indian Penal Code. During the police investigation it was found out that the man had used multiple identities to communicate and carry on relationships with various women. The police had recovered 14 mobile SIM numbers from the man. They submitted that the accused custodial interrogation was not necessary for the investigation.
The Court granted anticipatory bail to accused major as he had cooperated with the investigation from its commencement. He prayed that he occupies a responsible position in the Army and wished to continue his duties.
Also, the court observed the messages exchanged between the complainant and the accused major shows evidence of their mutual intentions of getting married at the time of alleged rape. In addition, the delay to file the complaint raised questions and doubts about the validity of the complaint and the Judge imposed for thoroughly investigation.