‘Friendship not licence to rape’: Delhi HC denies anticipatory bail plea

In his petition before the high court, the man contended that the two were friends and that their relationship was consensual

New Delhi

The verdict was delivered by a bench of justice Swarana Kanta Sharma on October 17. (HT Archive)

Friendship cannot be construed as a licence to rape, confine, or assault a woman repeatedly, the Delhi High Court has held while denying anticipatory bail to a man accused of raping a 17-year-old girl. The man had contended that they were in a consensual relationship.

The verdict was delivered by a bench of justice Swarana Kanta Sharma on October 17 while dealing with the man’s plea seeking anticipatory bail in a case registered against him under various provisions of Bharatiya Nyaya Sanhita, including rape and Section 4 (penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act.

In the FIR, the 17-year-old victim alleged that the man had been residing in her neighbourhood for the past three to four years. She said he befriended her on Instagram, called her to meet him, took her to his friend’s house, where he allegedly physically and sexually assaulted her, confined her and threatened to kill her if she disclosed the same to anyone.

In his petition before the high court, the man contended that the two were friends and that their relationship was consensual. He alleged that the victim had admitted that the FIR was registered following a dispute between their families, and the FIR was lodged 11 days after the alleged incident.

Rejecting the man’s contention, the court said in its verdict, “The contention on behalf of the applicant that the applicant and the complainant were friends and therefore, it could be a case of consensual relationship, cannot be accepted by this Court, since even if the parties concerned were friends, friendship does not give any license to the applicant to rape the victim repeatedly, confine her in his friend’s house and beat her mercilessly, as prima facie disclosed by the complainant in her statement recorded under Section 183 of BNSS, duly corroborated by the medical records.”