The Supreme Court has dismissed the anticipatory bail plea of a man accused of raping a woman several times by threatening her and sent obscene pictures to her would-be in-laws which resulted in the breaking up of her proposed marriage.
A three-judge bench headed by Chief Justice N.V. Ramana and Justices Surya Kant and Hima Kohli dismissed the anticipatory bail plea of Jai Sarvesh Yadav.
For Yadav, advocate Satish Pandey submitted that it is a case of consensual sex and not rape. They were both friends. “Milord, Jai Sarvesh is a student and he has not committed rape with prosectutrix,” he submitted.
The Bench got infuriated seeing the conduct of petitioner Jai Sarvesh Yadav. Chief Justice Ramana said to Yadav’s counsel Pandey: “You send messages to the father in-laws, you have already ruined the life of prosecutrix.”
“Your actions are much more than that, you have to suffer,” stated Justice Surya Kant.
“See the conduct of yourself, you are not entitled for anticipatory bail for committing the rape,” he added.
Justice Hima Kohli expressed anger and said you have already ruined her life, by sending photographs, anticipatory bail cannot be given to you.
The findings given by the Chhattisgarh High Court while dismissing the anticipatory bail application filed under Section 438 CrPC was that there is enough allegations against Jai Sarvesh Yadav, that after fixing of marriage of prosecutrix with one Ramcharan Patel, he sent obscene messages on mobile phone of Ramcharan and his father, upon which marriage of prosecutrix was broken.
As per the prosecution, on September 1, 2019, Yadav and the prosecutrix became friends for the first time. After exchanging their contact numbers, communication among both started happening. Yadav told prosecutrix that he likes her and if she rejects him then it will not be good for her. After sometime, Yadav came to her house, took her to Bilaspur in the house of his friend and forcefully committed sexual intercourse with her and left her at village. She was then threatened by defamation by Yadav. Thereafter, he started harassing her while on the way to her college and also made physical relationship with her on several occasions. Later, the marriage of prosecutrix was fixed with one Ramcharan Patel, who is a resident of village Vidhyadih. Upon getting the knowledge of marriage of prosecutrix, applicant sent several obscene messages to, would be in-laws of prosecutrix, resulting in breaking up of marriage of prosecutrix. Thereafter, written report was lodged on 23.01.2021, based on which, FIR was registered on February 3, 2021 against petitioner Jai Sarvesh Yadav.
The contentions of counsel of Jai Sarvesh Yadav before the Chhattisgarh High Court was that the prosecutrix and the present applicant were in a love affair. The physical relationship between them were with mutual consent as both of them were major on the date of incident.
JAI-SARVESH-YADAV