Recently, Delhi High Court granted bail to a rape accused whose name was tattooed on the prosecutrix’s forearm.
While the prosecutrix claimed that the accused forcefully engraved the tattoo on her forearm while he held her in captivity, the Court observed that it was not easy to make such a tattoo if there was some resistance from the prosecutrix.
In the instant case, the prosecutrix stated that she was a married woman, and the accused blackmailed her into establishing physical relationships with her.
According to the prosecutrix, the physical relationship started in 2016 and lasted till 2019.
The accused who was in police custody since June of 2020 stated that he and the prosecutrix were in a consensus relationship and registered the FIR after she failed to convince him to maintain ties.
To support his claim, the accused stated that the prosecutrix exchanged garlands with him, clicked selfies, celebrated festivals and even sent him a Facebook friend request apart from getting his name tattooed on her forearm. He further added that during their relationship, the prosecutrix never complained to her husband either.
The fact that the prosecutrix had tattooed the accused name on her forearm convinced the Bench that the relationship was consensual. The Bench further noted that the house where the prosecutrix claimed she was held captive, was rented by her only and as per the landlord, the prosecutrix lived there alone.
When the accused was arrested, no nude photographs of the prosecutrix were seized from his phone, noted the Court.
After going through all the case’s contentions and facts, the Court granted bail to the accused.