Bail for SA judge over 'rape'

Judge Seeraj Desai (right) says he is innocent

A South African judge charged with raping a colleague at an anti-globalisation conference in India, has been granted bail.

Cape Town judge Seeraj Desai who has been charged despite the allegation being withdrawn has been allowed to return home.

South African Aids campaigner Salome Isaacs dropped the accusation, which the judge denies, on Thursday.

Indian police may proceed with a case, even if a complaint is later withdrawn.

Bombay Sessions Court Judge ML Pahaliyani said he took into account the fact that Ms Isaacs had withdrawn the charges.

"Looking at the whole sequence and the police report, it appears that the possibility that the complainant is part of the act voluntarily cannot be ruled out," he added.

The World Social Forum attracted 100,000 participants

Ms Isaacs originally claimed to have gone to visit the Cape Town judge at his hotel room in Bombay at 0300 to discuss the next day's programme.

She alleged that after some kissing and holding, Mr Desai raped her.

The judge said he was the victim of blackmail.

"It can also be said that the complainant could have resisted the accused in the act as she is 86 kilogrammes (189 pounds)," Judge Pahaliyani observed.

Statement

The BBC's Zubair Ahmed in Bombay says the judge's remarks may bring to an end the controversy that shocked the 100,000 delegates who had gathered to attend the six-day World Social Forum.

The rape charge made front-page news in both South Africa and India where both Mr Desai and Ms Isaacs were attending the World Social Forum.

However, on Thursday Ms Isaacs dropped the allegation.

"I hereby wish unconditionally to withdraw the allegation of rape against Mr Seeraj Desai," she said in a statement.

Her lawyer said on radio in South Africa on Friday that Ms Isaacs had dropped the allegation to try to bring the matter to an end.

The ex-wife of former South African president Nelson Mandela, Winnie Madikizela-Mandela, who was also attending the conference, visited the judge in his Bombay prison to offer her support to him.