ANTICIPATORY BAIL GRANTED IN ITALIAN NATIONAL RAPE CASE

 The Pernem Police investigating the case initially registered an F.I.R under section 376 r/w 506(ii) of IPC and subsequently upon discovering the alleged fact of cheating, adduced sections 406, 420 of IPC and also section 323 and 354 of IPC. Section 323 and 354 of IPC were adduced as the victim had levelled allegations of tying her legs and assaulting her and forcefully having sexual intercourse with her. The victim also alleged that she came to know about the multiple affairs of the accused and hence she denied having sexual relationship with the accused. The accused in his defense argued that he was in a relationship with the victim and even took the victim to his native place in Kerala as he was intending to marry the victim. The accused still showed his inclination in marrying the victim and at no point of time in the course of his arguments denied marrying the victim. The accused argued that since the victim had an Italian ATM card and as the tax on withdrawal was high, she was using the ATM card of the accused and therefore was transferring money in the bank account of the accused which was subsequently withdrawn through ATM by the victim herself.

The accused produced in the court Facebook photographs which clearly depicted the victim taking illegal intimacy classes within the jurisdiction of Pernem Police Station. Considering the arguments advanced by Adv. Vinayak D. Porob  along-with Adv. Sanket S. Mahambre for the accused and  Public Prosecutor Smt. Anuradha Talaulikar for the State, the court granted conditional anticipatory bail to the accused as there are no police complaints by any other lady against the accused prima facie showing multiple affairs of the accused as alleged by the victim.

The court directed the accused upon his arrest to furnish personal bond and surety of Rs. 1,00,000/- and to report at the Pernem Police Station for a period of 15 days and not to contact either the victim or the witnesses of the case. Having sexual intercourse on the promise to marry constitutes an offence of Rape or not is not settled yet by the Hon’ble Supreme Court as the issue of whether consent for intercourse is given under fear or misconception or not is to ascertained based on the facts and circumstances of each case and a strait jacket formula cannot be applied in such cases and therefore police in the State of Goa are compelled to register FIRs of  rape