THANE: The sessions court in Thane has rejected the bail application of a 27-year-old man accused of raping a model and refused to entertain a "compromise" affidavit submitted by the survivor to save her imminent marriage, noting the offence is not compoundable, and the investigation is underway.
The copy of the order, passed by Additional Sessions Judge P.V. Ghule on June 9, was made available on June 15.
The accused, identified as Akshaykumar Kantilal Jain who hails from Surat, was arrested on April 25 by the Kashimira Police in Thane under sections 64 (rape) and 351(2) (criminal intimidation) of the Bharatiya Nyay Sanhita (BNS), the prosecution said.
The 26-year-old complainant, a professional model originally from Punjab, alleged that Jain lured her from Goa to a hotel in Mira Road on the pretext of an acting audition, spiked her tea, and forcibly established sexual relations.
During the proceedings, the defence sought bail on the grounds that the complainant had submitted a notarised affidavit-cum-declaration stating she wished to withdraw her allegations because her marriage had been fixed.
The prosecution opposed the plea, arguing that the offence is serious and non-compoundable.
Additional Public Prosecutor Manisha Pawse argued that the accused did not deserve bail at this stage.
While rejecting the bail plea, judge Ghule observed, "The reason given is fear of spoiling of marriage, which is irrelevant. The offence is against society at large. Hence, there cannot be any compromise. It is not free and voluntarily withdrawal of FIR. The complainant cannot initiate criminal action and at the same time, seek withdrawal of FIR."
Citing the survivor's affidavit, the court noted that it shows the offence of rape has occurred.
"She fears that if the bridegroom comes to know about the incident, it will affect her married life. The consent was never given by her for establishing sexual relations when she was in the hotel at Mira Road. The offence is not compoundable," the Judge said, noting that the investigation is still incomplete and the charge sheet is yet to be filed.
A non-compoundable offence is a serious crime where the parties involved cannot legally settle or compromise outside of court.
