A Thane sessions court recently refused bail to a 27-year-old man accused of rape, holding that an affidavit filed by the complainant seeking to withdraw the allegations because her marriage had been fixed did not undermine the prosecution’s case.

Instead, the court observed that the affidavit indicated the woman feared the impact of the case on her future married life and did not negate the alleged offence.

The 26-year-old complainant, a model and actor, stated in the affidavit that she did not want her prospective husband or his family to learn of the FIR and therefore wished to withdraw the case. The accused relied on the affidavit to seek bail, claiming that the matter had been settled between the parties.

Rejecting the application, Additional Sessions Judge P V Ghule observed in the June 9 order: “The reason for giving affidavit of no objection is that her marriage is fixed by her parents and if her would-be husband and matrimonial side come to know about the FIR, it may spoil her future. This shows that the offence of rape has occurred.”

The court also noted that the complainant feared the case would affect her married life, “consent was never given by her for establishing a sexual relationship”, and that the investigation was still underway.

“The offence is not compoundable and the investigation is not over,” the court said.

What was the case

According to the First Information Report (FIR), the woman met the accused, a Surat resident, while shopping during a shoot in January. After exchanging phone numbers, she told him she was looking for work opportunities in Mumbai. The accused allegedly invited her to Mumbai on the pretext of helping her secure an audition.

The woman alleged that after attending an audition in April, she met the accused the following day. After having tea with him, she began feeling dizzy. She claimed the accused then gave her an energy drink and sexually assaulted her. She subsequently approached the police, following which an FIR was registered.

The accused’s advocate approached the court this month, stating that the matter had been “compromised” between the parties, and sought bail.

Opposing the bail plea, the prosecution argued that rape is a non-compoundable offence and cannot be settled through a private compromise.