A woman booking a hotel room with a man and entering the room does not constitute consent that she is ready for physical relations. This was stated by the Goa Bench of the Bombay High Court in one of its important rulings. Bombay High Court Justice Bharat P Deshpande said this. In view of this argument, the High Court in March 2021 quashed the order of the trial court in the rape case, in which the case against the accused Gulshe Ahmed was concluded.
What did the court say?
According to Bar and Bench, the judge said when hearing the case that even admitting that the woman entered the room with the man could not be regarded as her consent to physical relations. The court said there was evidence that both the victim and the defendant played a role in booking the room. But this cannot in any way be considered consent to physical relations.
What did the court of first instance say?
The trial court, while hearing the rape case, said in its verdict that the woman played an important role in booking the hotel room with the accused and had also visited the room with the accused. Therefore, she agreed to have physical relations with the man in the room. The trial court subsequently ordered his release. Following the order, the rape case was closed against the accused. However, the High Court has now dismissed the order.
What’s going on?
According to Bar and Bench, the entire incident came to light in March 2020. The woman alleged that the defendant offered her a private job abroad. The defendant fraudulently brought the woman into the room on the pretext of meeting with the agency to find a job. The victim stated that as soon as she entered the room, the accused threatened to kill her and then raped her. According to the woman, when the defendant went to the bathroom, she fled the room and the hotel and informed the police about the incident.
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