The Delhi High Court grants anticipatory bail to a 20 year old accused of raping his professor. The High Court observes that the relation was out of choice and not out of force.

The Delhi High Court has granted bail to a 20 year old student accused by his professor of raping her. The High Court has however observed that the relationship was out of choice and not a forced one. The professor is a 35 year old woman undergoing divorce from her first marriage who was engaged in a relationship with her student for over a year on her own. On appreciation of the fact of the case the Court observed that:

“All the aforesaid show the love, care and affection the prosecutrix had for the applicant … Prima facie, it seems that she was in a relationship with the applicant out of choice and desire rather out of compulsion or force”, 
 
The prosecutrix however filed an FIR against the applicant / student under Sections 313/323/376/377/506/509/201/120B IPC. The prosecutrix alleged that she had gotten married to the applicant in a temple, when he promised to legally marry her in future. Subsequently, the applicant got her pregnancy aborted and left after taking an advance of Rs.2.5 lakhs.
 
After hearing rival contentions, the court opined:

“While considering a case like the present one, involving offences under Section 376 of the IPC, though this Court has to be cognizant of the heinousness, gravity and severity of punishment involved thereof, it has to also take due note and give sufficient weightage to not only the facts and circumstances involved therein but also the factual matrix including the antecedents and background involved as well as the whereabouts thereof.”
 
The Court however granted anticipatory bail to the applicant / student subject to conditions.

Sushant Kaushik v. State