Relationship Gone Sour Not Ground for Rape Charge: Delhi High Court

In a significant ruling, the Delhi High Court, led by Hon'ble Mr. Justice Rajnish Bhatnagar, granted anticipatory bail to the petitioner, Mehran Anjum Mir, in the FIR No. 584/2023 under Sections 376/328 IPC. This landmark judgment centered on the complexities of consent and privacy in the context of a sexual assault allegation.

Justice Bhatnagar's observations highlighted the nuanced nature of consent and relationships. He noted, "what is the effect of these WhatsApp chats and whether they can stand the test of admissibility would be seen during the course of trial," acknowledging the challenges in determining the consensual nature of a relationship from digital communications.

The case delved into the allegations made by the complainant, who claimed that Mir, under the pretense of marriage, had non-consensually engaged in sexual intercourse with her. Mir's defense hinged on their purported consensual relationship and the argument that the allegations stemmed from a relationship turned bitter.

A critical aspect of the judgment was the court's stance on the admissibility of electronic evidence. Citing the right to privacy under Article 21 of the Constitution, the court questioned the legality of the call recordings presented. "The evidentiary value is to be given to these call recordings is a matter of trial," Justice Bhatnagar stated, emphasizing the importance of evaluating such evidence thoroughly.

This case also referenced notable precedents, including Sanjay Pandey Vs. Directorate of Enforcement and Navdeep Singh @ Gaurav Vs. State of NCT of Delhi, which underscored the court's careful consideration of privacy rights and the authenticity of electronic evidence.

Date of Decision: 20 December 2023

MEHRAN ANJUM MIR  VS STATE GOVT.OF NCT OF DELHI