Delay in filing complaints cannot affect prosecution for rape cases

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The Bombay High Court, on Friday, observed that delay in filing complaints related to cases of cruelty, rape and unnatural case cannot affect the process of prosecution.

The HC came up with the significant observation while acting on an anticipatory bail plea of a man whose wife accused him and his father of committing such sinful acts. The HC further ruled that it may take time for a woman to garner enough courage to level allegations against her father-in-law. However, the court observed that a session’s court had already granted relief to the father-in-law and the woman failed to produce convincing medical record to prove the allegation of unnatural sex against her husband. As such, the husband too was granted anticipatory bail.

It is worth mentioning that the roots of the case dates back to June 11, 2014 when the woman had filed an FIR against her husband and father-in-law under Sections 376 (rape), 489(A) (cruelty), 377(unnatural sex) as well as other Sections of the Indian Penal Code (IPC). The woman accused her husband of indulging in forceful sex and infidelity under the influence of alcohol.  This was, however, not the end to her ordeal as she further alleged that her father-in-law raped her on October 21, 2014.

“It is a matter of record that an allegation against the present applicant (husband), prima facie happened to be under Section 498(A) of IPC. The woman has not mentioned the cell phone number of the husband in order to enable the investigating agency to find out whether he was indulging into any infidelity. The allegations in respect of 377 of IPC cannot be considered at this stage as there is no medical record available, prima facie”, the HC ruled.

However, while granting relief to the husband, the HC directed him to furnish a personal bond of INR 25,000 along with one or two sureties.