Indore Bench of Madhya Pradesh High Court has granted two-months temporary bail to the accused in a rape case to marry the victim.
The accused was arrested in February in connection with crime No.113/2020 registered at Police-Station City Kotwali, District Dewas in relation to offences punishable under Sections 376 2(N), 506 of I.P.C., and 3(1) (W-II), 3(2)(V), 3(2)(V-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) 1989.
The complainant alleged that the accused committed rape upon her on the pretext of marriage.
The prosecutrix even divorced her husband due to insistence of the accused. However, he refused to marry her thereafter.
In statements made under Section 164, Criminal Procedure Code, 1973 the complainant stated that she was having a love affair with the appellant and he made physical relations with her first on 15.02.2017. Thereafter, he started coming to her house regularly and continued to have physical relationship with her on the pretext of marriage.
While pleading for grant of bail for the accused, Counsel for the accused submitted that now the family members of both the parties are ready to solemnize their marriage and in this regard, the prosecutrix also gave an affidavit before the Court.
Hon'ble Justice S.K. Awasthi in his Order stated,
“The appellant and the prosecutrix are major and they are ready to solemnize marriage. In the circumstances, the present appeal is allowed in part and the appellant is granted a temporary bail for a period of two months from the date of his release so that during this period he can solemnise the marriage with the prosecutrix.”