A man whose tattoo was found engraved on the arm of a woman accusing him of rape has been granted bail by the High Court of Delhi.
Justice Rajnish Bhatnagar gave the relief to accused Sanjay, taking note of the fact that the married woman, who levelled the rape allegations, had a permanent tattoo of his name on her forearm.
While the woman alleged the tattoo was forcibly engraved on her by the accused who also held her captive, the HC wasn’t quite convinced.
The Judge observed that “In my opinion, making tattoos is an art & a special machine is required for the same. Moreover, it is also not easy to make such a tattoo, which is on the forearm of the complainant, if there is some resistance from the other side. It is not everybody’s job & it is also not the case of the prosecutrix that the petitioner had anything to do with the tattoo business".
The Court also factored in the statement of the landlord of the house where the woman alleged she was kept captive. He told police that he had rented out the house to the woman & was under the impression she lived alone.
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The Court was hearing a plea where the woman alleged she met Sanjay for the first time in 2016 & at that time was married. She further alleged that between 2016 & 2019 Sanjay forced her into having physical relation with him, by keeping her nude photographs. She said due to this threat, she remained silent for three years & did not file any complaint against him nor disclose it to her husband. The woman further alleged that she told the accused he has ruined her life & asked him to keep her but he was not ready to keep her with him.
Appearing for Sanjay, who has been in jail since June last year, advocate Sahil Mongia said his client was being framed in the case & it was a consensual relationship. He highlighted that the married woman got the name of the accused tattooed on her forearm, which shows her love towards him. The counsel also told the court that she clicked selfies with Sanjay, exchanged garlands with him, attended festivities & celebrated functions, which is evident from the photographs filed on record. The accused said the woman was in love with him & when she failed to convince him to carry forward the consensual relationship, she alleged rape.
The Court noted that the police probe revealed that at the time of arrest the accused’s mobile phone was seized but no nude photographs were found & that there was a delay of 7 months by the woman in lodging the case.
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