A sessions court in Bombay on May 15 denied anticipatory bail to actor Ajaz Khan who has been accused of sexually assaulting an aspiring actress. The court reasoned that consent obtained through misunderstanding of facts or by fraudulent means was legally invalid.
The court stated that based on the allegations, the consent did not appear to be freely and unequivocally given as required by law. Additional sessions judge D.G. Dhoble said, “False promise of marriage or professional benefits are questions that require thorough investigations.” The judge further remarked that it appeared, allegations in the FIR were of repeated sexual exploitation by the accused on the basis of inducements and false promise of marriage and professional benefits, which went to the root of the compainant’s free consent. “Prima facie, this cannot be brushed aside as a simple case of consensual relationship. The consent appears to be obtained by fraud or under misrepresentation of facts. Therefore, there is no substance to contend that no offence can be made out at all,” the judge added.
The woman alleged that Ajaz had sexual relations with her on multiple occasions without her free and unequivocal consent, on the false pretext of marriage and promises of financial help and professional advancement. She explained that on April 4, Ajaz Khan called her to his residence and had physical relations with her. She also alleged that on April 24 at around 3.15 p.m., Khan visited her house and, on assurance of marrying her, again had physical relations with her.
