New Delhi:
A person in a consensual physical relationship is not required to judicially investigate his partner’s date of birth, the Delhi Supreme Court has said, while granting bail to a man accused of “raping” his alleged underage partner who was “three has different dates of birth”. “, according to official documents.
The court said that a person is not required to see Aadhaar card or PAN card or verify his partner’s date of birth from her school records before entering into a consensual physical relationship with her and granted exemption to the accused who alleged that the prosecution gave her birthdates at her own convenience only to invoke the provisions of the Child Abuse Act against him.
“The person who is in a consensual physical relationship with another person is not required to judicially check the date of birth of the other person. He is not required to see the Aadhaar card, PAN card and verify the date of birth from her school records before entering into a physical relationship.
“The fact that there is an Aadhaar card and it is the same date of birth as 01.01.1998 is enough for the applicant to form an opinion that he is not indulging in a physical relationship with a minor,” said Judge Jasmeet Singh . in the order of 24 August.
“As for the date of birth, it seems that the prosecution has three different dates of birth. The Aadhaar card shows her date of birth as 01.01.1998 and therefore on the date of the alleged incident, the prosecution was presumed to have an important one,” the judge added. .
Given the transfers of “huge amounts of money” in favor of the prosecution, the court said on the face of it, it appears to be a honey harvesting case and no satisfactory reason was given for the “excessive delay” in registering an FIR in April for the alleged incidents that occurred in 2019 and 2021.
The court asked the police commissioner to provide a detailed investigation regarding the prosecution’s reliance on similar FIRs against others, and to examine her Aadhaar card records.
“I believe that there is much more going on in this case than meets the eye. At the discretion of the public prosecutor and as stated in the FIR, she has had a relationship with the applicant since 2019. blackmailed the prosecutor, nothing prevented her from going to the police at an earlier stage,” the judge said.
“I believe at first glance that this also appears to be a case of such an incident (of honey catching). The Police Commissioner will conduct a detailed investigation of the Prosecutor, if such a similar FIR has been registered by the prosecution against another person in Delhi.The police will also investigate the Aadhaar card… and the date of its issuance and the supporting documents submitted for the issuance of the said Aadhaar card,” he added.
The court ordered that the accused be released on personal bail with a local bail of Rs 20,000, and that he should periodically report to the police station and appear in court when the case is heard in court.
It further asked the accused not to leave the country and surrender his passport, as well as not to engage in criminal activity or communicate with those associated with the case.
(This story was not edited by DailyExpertNews staff and was generated automatically from a syndicated feed.)