A court in Thane, Maharashtra, has denied bail to a man accused of raping a model, refusing to entertain a notarized affidavit submitted by the survivor in which she expressed a desire to withdraw her allegations. The court's decision came during bail proceedings on Tuesday.
Defense Argument Based on Survivor's Affidavit
The defense counsel argued for bail, citing a notarized affidavit-cum-declaration from the complainant. In the document, the survivor stated that she wished to retract her accusations because her marriage had been fixed. The defense contended that this indicated a compromise between the parties, warranting the accused's release on bail.
Court's Stance on Compromise in Serious Offenses
However, the court rejected this line of reasoning, emphasizing that the offense of rape is a serious crime and cannot be treated as a private matter that can be settled through compromise. The judge noted that allowing bail based on such an affidavit would set a dangerous precedent and undermine the gravity of the crime.
The court further observed that the survivor's affidavit appeared to be under duress or coercion, as it was unusual for a victim to withdraw allegations in such a serious case without valid justification. The judge remarked that the justice system must protect victims from external pressures and ensure that perpetrators are held accountable.
Case Background
The accused was arrested earlier this year after the model filed a complaint alleging rape. The case has been under investigation, and the prosecution opposed the bail application, arguing that the accused could influence witnesses or tamper with evidence if released.
The court's decision to deny bail reinforces the principle that rape cases require strict judicial scrutiny and cannot be resolved through out-of-court settlements. The matter will now proceed to trial, where the evidence will be examined in detail.
Legal experts have welcomed the ruling, stating that it upholds the integrity of the legal process and sends a strong message that sexual offenses will be dealt with firmly, regardless of any purported compromises by the parties involved.
