Kochi: The Kerala High Court has granted anticipatory bail to a 70-year-old man who was accused in a rape case in which the 'victim' is a 54-year-old woman. A single bench, which granted the bail on January 30, expressed doubt over the woman’s allegation that the accused, a Kochi native, had sexual intercourse with her promising to marry her. The petitioner is a widower and the victim a widow.
The rape case was registered in Thiruvanantha- puram. The police also had booked him for the offence under 420 (cheating), 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage) and 496 (marriage ceremony fraudulently gone through without lawful marriage). The prosecution case is that the petitioner tied a white thread around her neck and made her believe that he had married her lawfully, which resulted in sexual intercourse between them. Later, she understood that there was no marriage.
“It is quite difficult to believe at this stage that the victim believed the words of the petitioner. Whether the consent given by the victim for the sexual intercourse is vitiated is a question of fact. As of now, the allegations in the complaint can be accepted only with a pinch of salt. The petitioner is aged about 70 years,” the court observed. The court held that the petitioner shall be released on bail after executing a bond for Rs 50,000 by him if he is arrested by the police. It asked the petitioner to appear before the investigating officer for interrogation if he is so required.
