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Woman, ‘rapist’ urge high court to quash plaint
A First information Report (FIR) was filed by the 19-year-old woman (name withheld) against Suyog alias Bunty Rathod on June 6, 2008 at Solapur alleging that he had raped her several times over a few years.
Updated : Jan 12, 2010, 12:35 AM IST
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In a rare instance, a rape victim and her alleged rapist have urged the Bombay high court to quash the complaint of rape as it is creating a “hurdle in their relationship”.
A First information Report (FIR) was filed by the 19-year-old woman (name withheld) against Suyog alias Bunty Rathod on June 6, 2008 at Solapur alleging that he had raped her several times over a few years, the last of it being on May 5, 2008.
Rathod was booked by the police under section 376 (punishment for rape) of the Indian Penal Code. Although a sessions court in Solapur refused to grant him anticipatory bail, he secured bail from the high court.
At the hearing of the application on Monday, Rathod’s advocate told the court that the woman, a police constable, had herself sent a letter to the commissioner of police stating that she did not wish to pursue the complaint anymore. Moreover, the advocate said that the woman had filed an affidavit stating that she and Rathod were still in love and have decided to get married.
The affidavit filed by the woman in August last year stated that the complaint she had filed against Rathod was due to a “misunderstanding” between them, he was still in touch with her and they had agreed to get married despite strong opposition from their families.
Rathod’s petition stated that the woman filed a complaint because she got an impression that he would marry someone else despite maintaining physical relations with her.
Her affidavit further stated that she and Rathod had a “very good relationship and want to maintain the same”. The woman, who still claims to be in love, said that if Rathod is prosecuted based on a complaint filed by her, it will come in the way of their relationship.
The court, however, expressed its desire to speak to both the complainant and the alleged rapist, who she now says never committed rape and wanted to marry her.
“If there is genuine love, nothing can separate them,” justice Dharmadhikari remarked. The court has directed the couple to come before it on January 19.
