MP HC Grants Bail To Rape Accused Seeing Element Of Consent

The Madhya Pradesh High Court has granted bail to a man accused of raping a married woman on finding that the woman’s husband had lodged a report of her going missing, which shows that she willingly went with the man.

In her statement, the woman stated that on April 20, 2016, the applicant and other co-accused took her to Indore on the pretext of providing job, but there was no work and the applicant allegedly raped her.

The lady lodged an FIR against the applicant with the police station Gadarwara District Narsinghpur for offences punishable under Sections 376 (2) (d), 365 and 342, three months after she went with him.

Justice Atul Sreedharan said: “The application is allowed on the ground that (a) she had gone with the applicant willingly without even informing her husband as to where she was going and stayed with him for almost three months and (b) that the MLC is inconclusive.”