New Delhi, Jun 4 (ILNS) The Supreme Court today declined the petition filed by a 22-year-old woman for cancellation of anticipatory bail of ET Now anchor Varun Hiremath.
The Bench, led by Justice Navin Sinha and Justice Ajay Rastogi, heard a plea filed by the woman, accusing that Varun Hiremath had raped and assaulted her in a five star hotel in Chanakyapuri, New Delhi. She claimed that she knew him, but never consented to any of his advances.
Advocate Nitya Ramakrishnan, appearing for the prosecutrix, submitted that in the lobby of the five star hotel, the prosecutrix made it clear to the accused that she does not want any kind of intimacy.
Ms Ramakrishnan also submitted that in the hotel room, despite the prosecutrix’s repeated denial, the penetrative act was done by the accused, without the consent of the prosecutrix.
The Bench denied the plea of prosecutrix by saying that by Section 164 (CrPC), the statement of the prosecutrix, it was prima facia evident that she gave the consent. The Bench made the observation, “If a man and woman are in a room, and the man makes a request and the woman accepts it. Is there anything left to it?”
An FIR under IPC Sections 376 (punishment of offence of rape), 342 (punishment for wrongful confinement) and 509 (word, gesture or act intended to insult the modesty of a woman) was registered at Chanakyapuri police station on February 23, 2021 in this regard.
The Delhi High Court had, on May 13, granted pre-arrest bail to the Mumbai-based TV journalist.
A Single-Judge Bench of Justice Mukta Gupta hasld granted pre-arrest bail to Hiremath. His anticipatory bail application was rejected by Additional Sessions Judge at the Fast Track Courts in Patiala House Court bail earlier this year. The Court proceedings were held in Camera.
The Court previously had extended the interim protection granted to Hiremath. The complainant woman in the TV journalist Varun Hiremath Rape case has sought a Central Bureau of Investigation (CBI) probe in the matter.
In her new plea, the complainant woman has sought Court’s direction to call for the status report of the investigation carried out by the Delhi Police and transfer the matter for further probe to the CBI or any other investigation agency.
The complainant woman, while seeking this direction from the High Court, has cited eight major discrepancies in the probe conducted by the Delhi Police.
Senior Advocate Nitya Ramakrishnan and Advocate Jai Anant Dehadri appeared for the complainant woman, while Hiremath was represented by Senior Advocate and stalwart Congress leader Kapil Sibal and Advocate Vijay Aggarwal. ILNS\ABV\RJ