An educated person is not immune to cheating: Delhi High Court denies anticipatory bail to a senior Navy officer accused of rape

By - Shriya Singh*

The Delhi High Court in a recent judgment denied anticipatory bail to a senior Indian Navy officer accused of having sexual relationship with a woman on pretext of marriage which amounts to rape. The Court in this matter observed that an educated person is not immune to cheating. The court stated, "No doubt, the victim is an educated lady, but is an educated person immune to cheating. The answer would be “no”.” 

The petition was filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. The petitioner was alleged of indulging in sexual intercourse with the prosecutrix on the pretext of marriage.  

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It was alleged that the petitioner gave the prosecutrix a cold drink mixed with sedatives which she consumed and felt dizzy. Even though she wanted to go home, the petitioner took her to his room and gave her tablets/ medicine. After, few minutes she became unconscious and, in the morning, when she woke up, she realized she was raped. Being confronted by the prosecutrix the petitioner confessed his love. Later, the couple had physical relations on the pretext of marriage. 

After January, when she asked the petitioner to get married, he denied it. When the prosecutrix threatened to file a complaint, the accused told her that he had her nude images and video recordings and that he would upload them on the internet and destroy her career. The prosecutrix eventually filed an FIR after learning that the petitioner was marrying another girl with whom he had been engaged for a long time.

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The petitioner stated that the prosecutrix began calling the petitioner and urging him to marry her, even though he denied having sexual interactions with her. It was also his case that she demanded transferring of money to her bank account on numerous occasions, but he showed his inability to transfer the money. 

The petitioner further claimed that both of them were empowered people, with the prosecutrix being a well-educated woman, and that they had been on speaking terms for 1.5 years from the date of the first alleged incident. 

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The Court, on the other hand, considered this defense to be factually erroneous because the prosecutrix presented a transcript of a conversation between her, her friend, and the petitioner’s mother, which demonstrated that the latter was aware of his desire to marry her.

The court further stated, “The allegation she is doing all this for money rather inflicts more pain to her injury… The facts do show the petitioner and prosecutrix did have such relations to kindle a hope in the prosecutrix that the petitioner shall marry her at all costs. It was not illogical for her to think so”. 

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Further, the court noted that the petitioner’s actions reflect his intentions to cover up his wrongdoings by erasing the traces of all the electronic data which would otherwise have provided a true picture. The court, therefore, considering the facts and submissions made by both the parties held that the petitioner cannot be granted anticipatory bail.

CLICK HERE TO READ JUDGMENT.

*Shriya Singh is a 1st year student pursuing B.A.LL.B.(Hons.) from National Law University, Delhi.