Delhi court denies bail to bodybuilder accused of raping married woman

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A Delhi court has denied bail to a bodybuilder accused of raping a woman on a false promise of marriage and threatening to make their intimate videos viral.

A 38-year-old married woman had alleged that accused Faizan Khan made physical relations with her on the pretext of a false promise of marriage, demanded money, made videos, started ignoring her after she became pregnant, and threatened that he would leak the videos if she disclosed the relationship to anyone.
According to the complaint, he continued to rape her and when she revealed this to her husband, she was ousted from the matrimonial home.

She claimed that she then went to Bengaluru and attempted suicide but with the interference of someone, approached the police to make the complaint.

Denying him relief, Additional Sessions Judge Prashant Sharma said, “The allegations against accused are of rape. Complainant admittedly is a married lady having children. Complainant has stuck to her version made in the statement. Keeping in mind the gravity of offence, conduct of accused and other circumstances of this case, accused Faizan Khan is not entitled to bail.”

The accused had sought bail on the ground that the woman had sexual intercourse with her voluntarily and that he did not demand any money from her. He said that neither any timing nor date or place of the alleged offence was mentioned in the FIR lodged on her complaint.
Khan, lodged in jail since December 4, 2021, also said that there was an inordinate and unexplained delay in lodging the FIR.

He said the woman did not seek any help from the police and her complaint was an afterthought. He also contested that the complainant was pregnant.

On the other hand, the complainant through advocate Sahil Mongia argued that the consent given by her was not free, rather it was under the assurance that he would marry her.
“The consent of the prosecutrix was obtained under a misconception of fact and such a consent is no consent when based upon misrepresentations as also the absence of physical resistance by the prosecutrix cannot be regarded as consenting to the sexual activity,” advocate Mongia argued.

He added that the accused is a bodybuilder who can threaten her client with dire consequences if enlarged on bail.

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