The Kerala High Court has granted pre-arrest bail to an accused in a gang-rape case relying upon a WhatsApp chat, purportedly showing the sex was consensual, and the victim was paid Rs 5,000 after the alleged incident.
A single judge bench of Justice Kauser Edappagath said this is a fit case to grant the pre-arrest bail to the applicant Umesh also noting there was a delay of 12 days in lodging the FIR.
“WhatsApp screenshot would show that the victim voluntarily went to the hotel knowing very well that the applicant and the accused No.1 were there in the hotel. The WhatsApp chat would further show that the sex they had at the hotel was consensual in nature. Annexure-4 receipt for payment of Rs 5,000 coupled with her WhatsApp chat would show that the applicant paid Rs 5,000 to the victim after the alleged incident of rape. Moreover, there is a delay of 12 days in lodging the FIR. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant,” the bench said.
The applicant was named as accused No. 2 in the FIR lodged with Thiruvalla Police Station for the offences punishable under Sections 376 D of the Indian Penal Code and 67 A of the Information Technology Act.
He contended that he is innocent and has been falsely implicated in the case.
The prosecutor, however, contended the alleged incident happened as part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.
The judge, however, said, “I went through the WhatsApp screenshot between the applicant and the victim…would show that the victim voluntarily went to the hotel knowing very well that the applicant and the accused No.1 were there in the hotel. The WhatsApp chat would further show that the sex they had at the hotel was consensual in nature”.
The court allowed the anticipatory bail to the applicant with several conditions that he would not contact any of the witnesses, nor leave the state and will fully cooperate with the investigation.
According to the prosecution case, the applicant and the accused No. 1 brought the victim to a hotel at Thiruvalla, stupefied her after giving liquor, engaged in sexual intercourse, took her sexually explicit video and transmitted that on electronic media.
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