Bombay HC grants bail to accused who was asked by husband to rape his wife

The woman was married in 2009 to a person to a merchant navy worker. She alleged that after his return from the ship in 2015, the husband invited a couple to their home. After consuming liquor, the husband’s friend had sexually assaulted the complainant.

The husband informed her the day after that he had recorded the act and had himself asked the friend to have sex with her. She claimed that similar incidents had happened from 2015 to 2018.

She was forced to comply as the husband had threatened to make the objectionable video viral.The complaint further stated that the woman was sexually abused by the husband too and was also forced to have unnatural sex. She lodged the complaint in February 2019 against the husband and other persons who had sexually assaulted her.

The advocate for the accused submitted that though the incidents had occurred between 2015 and 2018, the complaint was lodged in 2019 and hence, there was inordinate delay in lodging the FIR. Thus, a bench solely comprising of Justice PD Naik has granted bail to a man booked for allegedly having sexual relations with a woman at the request of her husband.

Though the woman had identified the accused, he was granted bail on the grounds that it was not clear if he had sexual relations with the woman and as the act was done on the prompting of the husband, it did not attract Section 376 of the IPC which deals with punishment for rape.

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