The Bombay High Court has granted bail to a man accused of raping his 17-year-old daughter, noting that the case may have arisen due to disputes between the man and his ex-wife. This man had spent a year in prison. He and his ex-wife divorced by mutual consent, and after remarrying, it is said that there was a disagreement between them.
A case was registered at Mumbra police station, Thane, last year. The FIR detailed one incident of alleged rape. Advocate Mohammed Zain Khan, who represented the man, said the allegations were false and stemmed from marital discord. He pointed out the conflicting statements of the victim when he was examined by a doctor and before the magistrate, where he mentioned many incidents of rape.
Khan also talked about the “Deed of Divorce by Mutual Consent,” saying that financial disputes between a man and his ex-wife led to the filing of an FIR.
Prosecutors had opposed bail, but Justice Manish Pitale highlighted the timeline conflict. “If these incidents in 2021 were true, there is little chance that the victim will come to live with her father in 2023, having remarried,” said Justice Pitale.
He asked the deceased’s reason for returning to his father and his mother’s decision to allow him despite previous allegations.
“The reason given by the victim that she came to her father is because there is a disagreement with her mother, and it is not in line with the natural process of human behavior. Equally, the victim’s mother would have made sure that the victim did not join her father even though she knew about the forced relationship established by the man two years before the incident on 13.10.2023,” said the Judge. .
Justice Pitale noted that the man had to support his daughters and ex-wife under the divorce agreement. Advocate Sonia Miskin, representing the ex-wife, said the man failed to meet his obligations.
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