NEW DELHI: While granting bail to a man accused of rape under the pretext of marriage to a woman, the High Court observed that the duo had met on a dating app, not a matrimonial app.
Justice Vikas Mahajan noted that prima facie, the sexual intercourse appears to have been consensual and there does not seem to be any evidence of consent having been obtained based on a misconception.
“It is not in dispute that the complainant and the petitioner met on the dating app “Hinge,” and not on a matrimonial app. There has been an exchange of numerous WhatsApp messages between them, and in none of the messages is there any promise or proposal of marriage mooted by the petitioner,” the high court order noted.
The man was charged under IPC Section 376 (rape) and 420 (cheating) after the woman accused him of initiating sexual contact by promising to marry her. They continued the intimate relationship, and she also gave the accused Rs 1.2 crore for treatment, according to the woman’s complaint. The court also noted that the obscene photographs of the woman found on the man’s mobile phone were taken with her consent.
“As regards the obscene photographs and videos of the prosecutrix recovered from the mobile phone of the petitioner by FSL, the prosecutrix, in her cross-examination, has admitted that such photographs and videos were taken with her consent. In the aforesaid factual backdrop, prima facie, the sexual intercourse appears to have been consensual and there does not seem to be any false promise of marriage or consent obtained based on a misconception of any fact,” the order stated.
The man’s lawyer, LS Chaudhary, argued that his client has been in custody since May 13, 2022, the charge sheet has been filed, and the prosecutrix has been examined. Therefore, further custody of the petitioner is no longer required. He also stated that the allegations appeared to be an afterthought, given that they met on a dating and not a matrimonial app.