The appellant was booked under Section 366 (kidnapping, abducting or inducing woman to compel her marriage) and Section 376 (punishment for rape) of the Indian Penal Code (IPC) for forcibly abducting a woman in an SUV and committing rape on her for 15 days.
The Allahabad High Court had initially dismissed his bail application.
The appellant argued that the relationship between the parties was consensual and they had, in fact, travelled together. It was stated that the victim is major and she was a consenting party.
To supplement the argument of consent, the appellant argued that after the registration the First Information Report (FIR), 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.
Source: Barandbench
