Court asks why alleged rapist will pay for victim’s IVF treatment while giving bail

A Delhi court has granted anticipatory bail to a man accused of raping a woman and forcing her to undergo two abortions after her claims were disproved in court.

The woman had alleged thar she was raped twice and her foetus was aborted twice by the accused after the ring ceremony.

Counsel for accused Mangesh Kumar, Sanjiv Malik told the court that the woma was hiding her first marriage, whose divorce case was pending in Saket court.

He argued that his client had got married with the womam and that was not a ring ceremony.

“She didn’t disclose about her first marriage and pedency of her divorce proceedings. In January 2021, she even celebrated her birthday at Kumar’s house. She has not mentioned any specific details regarding the place where her forced abortion was got done. She also dishonestly and fraudulently concealed information about the IVF treatment. She, along with Kumar, went for IVF treatment, since they wanted a child. It shows that they were married. If the accused and the complainant did not intend to live like a couple, why the complainant would go with the accused for IVF Center?” he asked.

The court noted that woman was hiding the treatment at IVF centre and on documents, she was mentioned as wife of Kumar. It also held that the contention of the woman’s counsel that after her first abortion, she was fraudulently taken to the IVF centre on the false pretext of treatment, was not believable. There were also two dates of her ring ceremony which was not possible.

“The complainant also failed to tell the name of the clinic or hospital where her two abortion were done. Also why there would be two engagement ceremonies,” the court noted whole granting bail.

On June 6, 2020, Mangesh Kumar, who works in a government hospital, met the woman through a matrimonial website, and told her that his wife died in 2018.

The woman, in her statement, had said that she had refused to marry Kumar as her divorce case was pending and she had two kids from her earlier marriage.

“But Kumar kept on insisting. Once he took me to Vasant Vihar at the house of his younger sister. I told his family that my divorce case was pending. At this his sister told me that she was an SI in Delhi Police and nothing will happen. In August 2020, my family met Kumar’s family and his sister asked us to perform ring ceremony on which I agreed. In January 2021, the accused took me to his sister’s house and offered me juice laced with sedative. I fell unconscious and when I regained conscious and Kumar sexually assaulted me,” the woman had alleged.

The woman had also alleged that she got pregnant and her pregnancy was aborted by the accused. On her complaint, a case of rape was lodged against Mangesh Kumar at the Chankyapuri Police station.

(Atul Krishan can be approached at atul.k@ians.in)

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