Mahabole, accused of raping a middle-aged housewife, had moved the High Court after the sessions court rejected his anticipatory bail application.
"The victim has to come forward and say that she was raped. She has not said so in her statement to the investigating officer. There is no forcible sexual intercourse disclosed. Hence there is no case even for registration of FIR," Justice A M Thipsay said.
The court pointed out that the victim, in her statement, had said she could not say anything about the alleged rape. "This is ridiculous. If the victim herself is not disclosing the offense, how can the police say rape has been committed?" the judge said.
"He (Mahabole) might have had illicit relations with her. But that is immoral behavior, at the most. The court cannot look at the case morally. We have to see the law point."
The court granted Mahabole bail on a surety of Rs 30,000.
Earlier, Advocate Rohini Wagh, appearing for Mahabole, contended that her client was being made a "scapegoat" by the Police Commissioner.
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"Mahabole, while investigating the Telgi scam, had indicted several police officers who were later arrested. Since then he is being targeted. First his name was dragged into the murder of journalist J Dey, and now this rape case," she alleged.
The victim had allegedly told police that Mahabole was blackmailing her for the past eight months and had repeatedly raped her. PTI SP KRK