Delhi HC denies bail to man for raping woman on pretext of marriage

New Delhi: The Delhi High Court has denied bail to a 49-year-old man accused of raping a 53-year-old woman on the pretext of marriage.

Justice Swarana Kanta Sharma observed there was no material to suggest that their relationship was consensual and the woman, though a divorcee, appeared to have been misled on the basis of false assurances.

"The fact that material witnesses are yet to be examined, and the WhatsApp chats on record, which prima facie indicate the gravity of the offence alleged against the applicant, this court does not find any ground for grant of bail at this stage," the July 4 order said.

The prosecution alleged that the woman met the man through a riders group whose admin was the accused and introduced himself as DCP in the Narcotics Department.

The man allegedly came to the woman's house and forcibly had sex with her on the false promise of marriage.

When she insisted on marriage, the accused allegedly sent her a copy of a divorce petition through WhatsApp and assured her that he would soon part ways with his wife and marry her.

The woman alleged that the man also threatened her to make her private pictures public following which she went to the police and got an FIR registered against him.

The man sought bail claiming that the relationship was consensual and the 53-year-old woman, who had a grown up son, couldn't be stated to be unaware of the consequences of her actions.

The man claimed that the alleged promise to marry cannot be given any credence since the complainant already knew he was married.

The court, taking note of the material on record, including WhatsApp chats, prima facie found the man to have fabricated the divorce petition and falsely assured the woman he was in the process of obtaining a divorce.

"These circumstances suggest that the consent obtained for the physical relationship was not informed or voluntary but vitiated by misrepresentation," it said.

The court also examined the chargesheet, having chats between the man and the woman, where he had introduced himself as an ex-Navy captain who had later joined the NSG and was part of the team during the 2008 Mumbai Attacks.

He further claimed that he was presently on deputation as DCP, Narcotics.

The court noted the statement of a police inspector before whom the accused impersonated himself as a DCP, Narcotics.

"Therefore, the contention of the counsel for the applicant that the complainant was not misled or that no impersonation had taken place, prima facie, cannot be accepted at this stage, in view of the aforenoted material placed on record by the prosecution," the order held.