The court also observed that since the incident occurred on the behest of the husband it does not attract section 376 of the Indian Penal Code which is punishment for rape.
Bombay High Court | File Pic
The Bombay High Court, on Tuesday, granted bail to a man who was booked for having sexual relations with a woman on the behest of her husband.
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The accused was granted bail on grounds that it was not clear through the series of events, if they really had sexual relations. The court also observed that since the incident occurred on the behest of the husband it does not attract section 376 of the Indian Penal Code which is punishment for rape.
“Prima facie it appears that section 376 may not be attracted against the applicant. Since the trial is pending, giving such finding is not warranted. The applicant is in custody for a period of about one and half year,” said Justice PD Naik of Bombay HC, while granting bail to the accused, as per a report by Hindustan Times.
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As per the complaint, the complainant was married to the accused in 2009. Her husband, a merchant navy official, once came back from sea in 2015 and invited a couple over to their home. In the influence of alcohol, her husband’s friend tried to sexually assault her.
He later informed his wife that he had recorded the act and the incident occurred on his behest. Allegedly, similar incidents happened in 2016 and 2018. The complainant claimed that she was forced to have sex with different people on her husband’s demand as he threatened to make the videos viral.
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She also accused her husband of sexual abuse and unnatural sex and lodged and FIR in 2019.
The complainant’s advocated submitted that since the incidents occurred from 2015 to 2018 and the complaint was filed in 2019, there was no delay in lodging the FIR.
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