Apex Court Grants Bail To Man In Interfaith Relationship Accused Of Raping Minor & Making Obscene Video
The Supreme Court has granted bail to a man belonging to the minority community, accused of raping a minor girl belonging to the majority community and blackmailing her using an obscene video. The victim girl is now an adult and has entered into a live-in-relationship agreement with the accused. Both had jointly approached the Rajasthan High Court seeking police protection for their relationship.
Opon a complaint filed by the parents of the girl, the Police registered an FIR for offences under Sections 366,376,384,323,328 and 120- B of the Indian Penal Code along with Section 3, 4 of the Protection of Children Against Sexual Offences (POCSO) Act. Both the Trial Court and the High Court refused bail to the petitioner.
The Two Judge Bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia held that “Three factors weigh with us. The live-in relationship agreement of 25.8.2022, the parties filing a joint petition for police protection specially as an interfaith couple and the petitioner has already been in custody for about nine months.”
Based on the above factors, the Court ordered that “In view of the aforesaid facts and circumstances, we grant bail to the appellant on terms and conditions to the satisfaction of the Trial Court.”
Advocate Namit Saxena appeared for the Appellant while Advocate Milind Kumar appeared on behalf of the Respondent State.
As per the accused Imamudin, he and the girl were in a live-in relationship and entered into a Relationship Agreement dated August 25, 2022. The accused was planning to get married to the girl. Upon getting to know the same, the victim’s father lodged a missing complaint, following which the FIR was registered against him on August 28, 2022.
The couple had filed an application for police protection in the Rajasthan High Court on August 30, 2022, which was later dismissed for default. However, the girl was taken back to her parents, following which her statement was recorded under Section 164, CrPC. The accused was arrested on August 31, 2022 and a chargesheet was filed against him.
It is contended in the appeal before the Apex Court that "Because the Petitioner and the Respondent were in a live-in relationship which could be proved by the agreement executed by them dated 25.08.2022 that both were intercaste and the family of the respondent were against this union, that the Petitioner out of threat from her family changed her statement during the interrogation".
"In view of the aforesaid facts and circumstances, we grant bail to the appellant on terms and conditions to the satisfaction of the Trial Court", the Apex Court ordered.
Cause Title: Imamudin v. State of Rajasthan