The sessions court, Dindoshi on Thursday rejected plea of actor Ajaz Khan for anticipatory bail in connection with the case registered with Charkop police station earlier this month for rape on promise of marriage and work in film industry, on a complaint of a struggling actress.
The Additional Sessions Judge sessions judge DG Dhoble refused to accept Khan’s contention that the relation between him and the actress was consensual and observed that, “The material on record shows that the applicant is married and an actress by profession. Though the victim is major, considering allegations it appears that consent is not free and unequivocally within the meaning of law.”
The court said his custodial interrogation is required for medical examination of the applicant to collect evidence, recovery of the applicant’s mobile phone, verification of WhatsApp chats, call recordings and collection of other digital evidence including to obtain voice samples, etc.
The complainant, a struggling actress, had alleged that was induced into a relationship by Khan, who allegedly misused his position as a celebrity and host of a reality show to gain the victim’s confidence. The FIR alleges that on the false pretext of marriage and promises of financial help and professional advancement, the applicant established physical relations with the victim on multiple occasions without her free and unequivocal consent. The woman alleged that Khan sexually exploited her on two occasions once on April 4 and again on April 24, on the assurance of marrying her.
Khan however, refuted the allegations and claimed that the complainant was very well aware that Khan is married. He further claimed that their relationship is consensual. Khan referred to their chats, and audio massages and claimed that the complainant demanded money to withdraw the case.
“After considering submissions and on perusal of records, it appears that the allegations in the FIR are of repeated sexual exploitation by the applicant on the basis of inducements and false promise of marriage and professional benefits, which go to the root of the complainant’s free consent,” the court said in its order adding that the consent is appears to be obtained by fraud or under misrepresentation of facts.
Besides, the court noted that the chat presented by the accused reflected that the complainant had demanded Rs 10 lakhs but the same is missing from the chat records presented by the investigating officer. Hence the court, while rejecting the anticipatory bail plea of Khan, observed that the role and intention can be gathered only throughout the investigation.
