A doctor, accused of raping another doctor on a false promise of marriage, has been granted bail by a Delhi court, which said both were major and highly educated and were expected to have understood the consequence of their relationship.
Special judge O P Saini granted relief to the accused on a personal bond of Rs 50,000 with a surety of like amount, noting that it was a "symmetrical" relationship between them and the accused was not in any "advantageous position".
The court also noted the text messages exchanged between the two and said these indicated that "the prosecutrix was a willing and active partner in the relation".
It, however, directed the accused not try to contact the alleged victim or threaten her or tamper evidence.
"Both parties are major and highly educated and as such are expected to have understood the consequences of their relationship. The printouts of the text messages exchanged between the parties, and which have not been denied by the prosecution, indicate that the prosecutrix was a willing and active partner in the relationship.
"The text messages continued to be exchanged between the parties at least till January 24, 2018. The prosecutrix also gave in writing that she had settled all her disputes with the accused, which she is now denying on the plea that the same was done by her under pressure of the accused," the court said, adding that the woman had an understanding of all the consequences.
It said there was "no misconception about the relationship either in the mind of the accused or in the mind of the prosecutrix, which is clear from the text messages exchanged between them from February 2017 to January 2018 and run into about hundred pages."
The court also said that the material on record indicated that the accused had taken money from the woman, which he had returned. Similarly, the prosecutrix also took money from him and a cheque issued by her in favour of the accused returned dishonoured on March 20, 2018, it said.
"Material on record indicates that it was a symmetrical relationship between the parties and the accused was not in any advantageous position," it said.
According to the prosecution, the woman and the accused were doctors and they met online in February 2017. A few months later, the accused proposed for marriage and both started living together in Vasant Kunj where the accused was working at a private hospital.
The prosecution also alleged that the accused started abusing her and during this duration, he also established sexual relationship with her. An FIR was lodged on these allegations on March 24, 2018 at Police Station Vasant Kunj (South).
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