Symbolic photo.
A woman booking a hotel room with a man and entering the room does not constitute consent that she is ready to have physical relations. This has been said by the Goa bench of Bombay High Court in one of its important decisions. Bombay High Court Judge Bharat P Deshpande has said this. Giving this argument, the High Court in March 2021 canceled the order of the trial court in the rape case in which the case against the accused Gulsher Ahmed was closed.
What did the court say?
According to Bar and Bench, while hearing the case, the judge said that even if it is accepted that the woman had gone into the room with the man, it cannot in any way be considered as her consent to have physical relations. . The court said there was evidence that both the victim and the accused played a role in booking the room. But this cannot in any way be seen as consent to have physical relations.
What did the trial court say?
While hearing this rape case, the trial court had said in its decision that the woman had played an important role in booking the hotel room with the accused and had also gone to that room with the accused. Therefore, she had given consent to have physical relations with the man inside the room. The trial court then ordered discharge. After this order, the rape case against the accused was closed. However, now the High Court has rejected this order.
What is the whole matter?
According to Bar and Bench, this entire matter came to light in the month of March 2020. The woman had alleged that the accused had offered her a private job abroad. The accused had fraudulently brought the woman to the room on the pretext of meeting the agency for a job. The victim alleged that as soon as she entered the room, the accused threatened to kill her and then raped her. According to the woman, when the accused went to the bathroom, she ran away from the room and the hotel and informed the police about the incident.
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