No anticipatory bail for police constable booked for rape: HC
According to the complaint, Kamerkar met the woman when she came to lodge a complaint about the suspected murder of her brother.mumbai Updated: Oct 17, 2017 19:34 IST
The Bombay high court (HC) on Tuesday refused to grant anticipatory bail to a police constable booked for rape, after noting that the man, despite being married, had lured the survivor with a false promise of marriage.
“The applicant is a person who is already married,” said Justice AM Badar, while rejecting the plea filed by Sadanand Kamerkar, head constable of Nizampura police station in Bhiwandi.
According to the complaint, Kamerkar met the woman when she came to lodge a complaint about the suspected murder of her brother. She alleged the constable frequently visited her house under the guise of investigating her brother’s murder and lured her with a false promise of marriage.
“Prima facie, it appears that consent of the survivor in developing sexual relations was obtained with an assurance that the applicant will marry her,” the judge said, adding the fact that he was married proves his promise of marriage was false.
The judge said while section 375 of the Indian Penal Code makes it clear that sexual intercourse without consent is rape, section 90 of the Indian Penal Code states consent obtained under misconception of fact is not valid.