WhatsApp Chat Shows Sex Was Consensual, Woman Received 5K After Alleged Incident: Kerala High Court Grants Anticipatory Bail To Rape Accused

The Kerala High Court on Friday granted anticipatory bail to a 46-year old, who was accused of committing gang rape on a woman and transmitting her sexually explicit video online, on finding that the intercourse was consensual in nature, and an amount of Rs. 5,000/- was also paid to the woman after the alleged incident. 

The prosecution allegation was that the petitioner and the 1st accused person stupefied the victim after giving her liquor, and indulged in the alleged acts, and thereby committed the offences under Sections 376D IPC ('Gang Rape'), and Section 67A of the Information Technology Act ('Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form').

Justice Kauser Edappagath perused the screenshot of the WhatsApp chat between the petitioner-accused and the woman, and observed:

"WhatsApp screenshot would show that the victim voluntarily went to the hotel knowing very well that the applicant and the accused No.1 were there in the hotel. The WhatsApp chat would further show that the sex they had at the hotel was consensual in nature. Annexure -4 receipt for payment of Rs.5,000/- coupled with her WhatsApp chat would show that the applicant paid Rs.5,000/- to the victim after the alleged incident of rape. Moreover, there is a delay of 12 days lodging the FIR. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary". 

The plea for anticipatory bail was thus allowed, and the petitioner was directed to be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/-. 

The petitioner was represented by Advocate Sasthamangalam S. Ajithkumar. Public Prosecutor Sangeetha Raj N.R. appeared on behalf of the State. 

Case Title: Umesh v. State of Kerala 

Citation: 2023 LiveLaw (Ker) 450

Case Number: BAIL APPL. NO. 7170 OF 2023

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