Section 376 IPC – Accused Got Bail In Rape Case. Know how?
Advocate 𝐑𝐚𝐯𝐢 𝐃𝐫𝐚𝐥𝐥’s name featured in Hindustan newspaper where Bail was granted to an accused of a case U/S: 376 IPC within one month before filing of charge sheet.
The Sessions Court, Dwarka has granted bail to a man accused of raping his live-in partner after false marriage in another religion, saying the allegation “does not inspire confidence” as the couple stayed together for a long time of 13 years.
While enlarging the accused, the court clarified that if the man tries to threaten the woman or tamper with evidence, his bail could be cancelled. “The allegation does not inspire confidence, inasmuch as, admittedly, the prosecutrix (complainant) had been staying with the petitioner (accused) for a long time at different locations,” the judge said.
Advocate Ravi Drall contended that their relationship was consensual and no threat or coercion has ever been extended for obtaining her consent for a physical relationship. His advocate said there was an “unexplained delay” which completely “belies the entire prosecution case”. One child also born out of this live-in-relationship.
Investigating officer of the case also sent samples for DNA examination of child but since the ingredients were not sufficient to prove case of victim U/S: 376 IPC hence bail granted.
𝐥 argued before the Ld. Judge that even if child is born out, the complainant may file case in family court about legitimate or illegitimate status of child. This court could not look into the matter of child.
Advocate Ravi Drall has represented clients in cases related to Anticipatory, regular Bails, Acquittal, Revisions, Appeals, Writs, PIL’s in cases of MCOCA, Cheating, Fraud, Murder, Attempt to murder, Extortion, Dacoity, Sexual Offences, Suicide, Narcotic and Drugs, Revenue and Customs Criminal Cases, Economic Offences, Arms and Weapons, Matrimonial, Domestic Violence, Constitutional Law, Negligence, and have availed favourable decisions from the courts. It is always advisable to seek for the best professional legal advise in case of criminal law as it involves intricate complexities and a small fact lead to an acquittal.