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The Delhi High Court has rejected a Senior Navy officer’s plea for anticipatory bail in a case of alleged sexual exploitation, which was argued on the ground that as the alleged victim was educated, it was not possible to fool her on the pretext of marriage - therefore, there was no cheating. Rejecting the plea, the Court said that merely because the victim was empowered, that doesn’t immunise her from being cheated. 

The Bench of Justice Yogesh Khanna hearing the matter observed,

“No doubt, the victim is an educated lady, but is an educated person immune to cheating (being cheated). The answer would be “no”.”

On the question of the defence taken by the petitioner that he and the victim were only friends and he never made any promise to her or that she was obsessed or that she was here to extract money from him, the Court stated,

“The defence taken by the petitioner……. appears to be factually incorrect. The allegation she is doing all this for money rather inflicts more pain to her injury.”

The Court noted,

“The facts do show the petitioner and prosecutrix did have such relations to kindle a hope in the prosecutrix that the petitioner shall marry her at all costs. It was not illogical for her to think so. No doubt, the petitioner is a senior officer in Indian Navy, hence was required to show a more responsible behavior than the prosecutrix. Can he be allowed to play with her dignity on the pretext he cohabited with her just for fun and later claim she is extorting money from him. Such allegations if not backed with proof are rather insulting.”

Matter in Brief

The allegations were that the petitioner on the pretext of marriage had committed sexual intercourse with the victim.

In December 2019, the petitioner took the woman to a restaurant where they had dinner. The petitioner gave cold drink mixed with sedatives to her which she consumed and felt dizzy. Later he took her to his hotel Room and gave her a tablet/medicine from which she became unconscious.

When the victim woke up next morning, she realised she was raped. Being confronted, the petitioner told her he is in love with her.

Next day he again called and tried to repeat the act, but she refused. Though later on, the relationship continued till January 2020.

It was also alleged that when the victim asked the petitioner to get married, he shouted and told that he did it for fun. When being threatened of a complaint, the petitioner told her that he had her nude photographs and video recordings and he shall upload the same on internet and ruin her career.

Following that in March 2021, the victim found out that the petitioner has married another lady, and lodged the complaint against the petitioner.

Court’s observations

Taking note of the documents on record, Court rejected the petitioner’s contention that both of them are empowered person and that though she being an highly educated lady, she never filed any FIR between December 2019 to January 2020, causing considerable delay, hence, he should be granted bail.

Court said that in the light of the facts of the case and allegations that the petition is misusing his position to influence the evidence in the case, his custodial interrogation and seizure of his mobile phone is required.

Therefore, the court refused to interfere with the order of the Session’s Judge in declining anticipatory bail to the petitioner.

The order was reserved on Aug 3 however was delivered on Aug 17.

Case Title: Cdr. Kalesh Mohanan v. State

Edited by Shreya Agarwal