The Delhi High Court has granted anticipatory bail to a 20-year-old student accused of raping his college professor, emphasizing that the alleged victim, a 35-year-old married woman and a highly educated professor, was well aware of her actions when she engaged in a year-long relationship with the accused, who was not of marital age.
Justice Saurabh Banerjee noted that the woman had voluntarily chosen to pursue a relationship with the applicant with full knowledge of the consequences. The court found evidence of love, care, and affection between the two and considered the accused’s clear background as a factor in granting anticipatory bail.
The court acknowledged that the prosecutrix, a mature adult of around 35 years, had entered a relationship with the applicant when he was around 20 years old. She was already married, although undergoing divorce, and was described as having above-average intelligence and being aware of the rights and repercussions of being in a relationship with a younger, underage student.
The woman professor claimed that she met the accused in February 2022, and in May 2022, they married in a small temple during an official trip to Manali. It was also alleged that she became pregnant twice during their relationship.
The single bench noted that no complaints had been made against the accused by the woman from their initial contact in February 2022 until the registration of the FIR in July 2023. The court questioned the delay in filing the FIR, considering the extended duration of their relationship.
Granting anticipatory bail, the court ordered that if the applicant is arrested, he will be released on a personal bond of Rs 1 lakh and one surety of the same amount. The relief was granted in relation to FIR No. 180/2023, dated July 19, 2023, registered under various sections of the IPC at PS: Sector 23 Dwarka, Delhi.