The Supreme Court on Thursday granted an anticipatory bill to a Muslim doctor who is accused of raping a Hindu woman on the pretext of marriage.
A vacation bench of Justices Anirudh Bose and Rajesh Bindal found the Uttar Pradesh state government’s response in the matter and also directed the accused not to enter Muradabad (the city where the case has been filed) before the next hearing.
Dr. Abdul Qadir has been accused of the case for establishing physical relations with a Hindu woman on the pretext of marriage.
The counsel of the complainant woman, advocate Purnima Jauhari opposed the plea for interim relief.
Advocate Jauhari asked, “The man is a crorepati and I am a victim here. This is a case of Love Jihad, milord. On the pretext of marriage, he established sexual relations with her. My life is in danger, who will protect me.“
After hearing both the parties, the Court proceeded to grant interim protection to the accused.
“We grant interim protection from the arrest to the petitioner in the case registered in Muradabad until the next day of the hearing. The petitioner shall not enter Muradabad till the next date of the hearing and shall not enter into any communication directly or indirectly with the complainant. Issue notice. Returnable in 4 weeks.“
The appellant-doctor moved the top court challenging a May 10 Allahabad Court order which denied his anticipatory bill request.
The petition filed through advocate G Indira stated that the lawyer of the complainant is the mastermind behind the whole conspiracy created against him. And they had already extorted an amount of Rs 1.65 lakh to release him from illegal detention by the police.
“Shri Navneet Saxena’s endeavour since beginning is to give a nomenclature to the relationship of the petitioner herein and the complainant a political and religious colour. When admittedly the petitioner herein who is a Muslim man and the complainant is a Hindu woman were even ready for continuing the relationship for ever, without having any evidence otherwise has lodged the said FIR case against the petitioner herein.“
Through this plea, it is also claimed the parties were in a consensual live-in relationship since 2019, even after the man’s marital status who already has a wife and daughter; and their friends were aware of it.
When the relationship turned sour, the woman tried to portray that the accused had posed as a Hindu man and started blackmailing him to get Rs 1 crore.
The plea further stated, “The Complainant/Informant/Prosecutix has succumbed to an intentional fallacy/she is trying to destroy a man with who she was in a live-in relationship apparently appeared to be in a deep love, but actually with the presumed intention to extort money.“
The High Court and Sessions Court erred in not taking such facts and circumstances into consideration, it was stressed.
The rape allegations were false therefore didn’t make out and, it was contended.
Source: https://www.barandbench.com/news/litigation/supreme-court-interim-bail-muslim-doctor-rape-hindu-woman