The Supreme Court has given bail to a person who has been accused of abducting a woman and raping her.
Chief Justice of India DY Chandrachud, along with Justice JB Pardiwala and Justice Manoj Misra found that the appellant was in jail since March 3, 2022, and the chargesheet was filed.
The Court said that the appellant was charged under Section 366 (kidnapping, abducting or inducing woman to compel her marriage) and Section 376 (punishment for rape) of the Indian Penal Code (IPC).
The charges were ut on him for abducting a woman and committing rape on her for 15 days.
The bail appplication was initially dismissed by the Allahabad High Court.
The appellant said that the relationship between the parties was consensual and the plan for travel was decided mutually.It was stated that the victim is major and she was a consenting party.
The appellant said that the victim along with the appellant had filed a protection plea before the Allahabad High Court seeking legal protection for not taking any coercive action against them but the same was dismissed on the ground that FIR had already been lodged.
However, when queried, the victim had stated before the High Court that she is not aware about any protection plea. She had further stated that she was forcibly abducted by the appellant and was raped.
Aggrieved of the denial of bail by High Court, the appellant moved the apex court.