Thane Court Rejects 'Compromise' Affidavit by Survivor in Rape Case; Know Why Accused's Bail Was Denied
A Thane sessions court rejected bail for Akshaykumar Jain, accused of raping a model, despite the survivor filing a compromise affidavit to save her upcoming marriage. The court ruled that rape is a non-compoundable offence against society that cannot be settled out of court, especially while the police investigation is still active.
A sessions court in Thane has rejected the bail application of a 27-year-old Surat resident accused of raping a professional model, refusing to accept a "compromise" affidavit submitted by the survivor. The court noted that rape is a non-compoundable offence - meaning it cannot be legally settled or compromised outside of court—and emphasised that an ongoing investigation cannot be dismissed for personal convenience. The detailed order, passed by Additional Sessions Judge P.V. Ghule on June 9, was made available on June 15.
Background of the Raoe Case and Arrest
The accused, identified as Akshaykumar Kantilal Jain, was arrested on April 25 by the Kashimira Police under the Bharatiya Nyaya Sanhita (BNS). He faces charges under Section 64 for rape and Section 351(2) for criminal intimidation. According to the prosecution, the 26-year-old complainant, a professional model originally from Punjab, alleged that Jain lured her from Goa to a hotel on Mira Road in Thane under the pretext of an acting audition. Once at the location, Jain allegedly spiked her tea and forcibly established s*xual relations against her will. Thane Shocker: 4-Year-Old Boy Beaten to Death by Mother’s Partner in Kashimira, Accused Arrested.
Defence Pleads 'Compromise' to Save Marriage
During the bail proceedings, the defense counsel argued for Jain's release on the grounds that the complainant had filed a notarised affidavit-cum-declaration. In the document, the survivor stated she wished to withdraw all allegations because her marriage had recently been fixed, and she feared the legal case would jeopardise her future. The prosecution strongly opposed the bail plea. Additional Public Prosecutor Manisha Pawse argued that the severity of the crime demanded that the accused remain in custody, noting that the investigation was still active.
Court Rejects Irrelevant Grounds for Withdrawal
While dismissing the bail application, Judge Ghule clarified that criminal offences of this magnitude are considered crimes against society, not just an individual, making a mutual settlement legally invalid. The judge observed, "The reason given is fear of spoiling of marriage, which is irrelevant. The offence is against society at large. Hence, there cannot be any compromise. It is not free and voluntarily withdrawal of FIR. The complainant cannot initiate criminal action and at the same time, seek withdrawal of FIR." Furthermore, the court pointed out that the survivor’s own affidavit inadvertently confirmed that the assault had taken place. Thane Shocker: Suspicious of Wife, Man Kills Her by Smashing Her Head With TV Set in Kalyan Taluka; Arrested.
"She fears that if the bridegroom comes to know about the incident, it will affect her married life. The consent was never given by her for establishing s*xual relations when she was in the hotel at Mira Road. The offence is not compoundable," the Judge stated, adding that bail could not be granted while the investigation is incomplete and the formal charge sheet has yet to be filed.
Women and Child Helpline Numbers:
Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.
(The above story first appeared on LatestLY on Jun 16, 2026 03:34 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).