Bombay High Court: Just because a girl books a hotel room and enters it with the boy does not mean she consents to sex

In an important judgment, the Bombay High Court in Goa stated that even if a girl books a hotel room with a boy and enters the room, it does not mean that she has consented to sexual intercourse.

single judge Judge Bharat Deshpande It overturned the order passed by a First Instance Court in Margao on March 3, 2021, which had discharged a man on rape charges. In its decision, the Court of First Instance was of the opinion that since the girl mediated in booking a room at the hotel, she ‘consented’ to the sexual activity taking place inside the room, and therefore, rape charges could not be brought against Gulsher Ahmed.

In his judgment, which was passed on September 3 but was made public only recently, Justice Deshpande observed that the trial judge ‘made a manifest error’ in observing that the victim had consented to sexual intercourse since she entered the room.

“It is clearly contrary to established proposition to draw such an inference, especially considering that the complaint was made immediately after the incident. Even if it is accepted that the victim entered the room with the defendant, this is absolutely unacceptable because she consented to sexual intercourse.” Justice Deshpande said in the order.

Justice Deshpande stated that the Supreme Court had confused two aspects; that is, entering a room with the defendant without making any objections and, secondly, consenting to what is happening in the room.

“The victim’s actions immediately after leaving the room and her excessive crying that day, calling the police and filing a complaint show that the overt act allegedly carried out by the defendant in the room was against consent.” said the judge.

The incident took place on March 3, 2020, when the defendant promised the victim a special job abroad. He allegedly took the victim to a hotel in Margao on the pretext of meeting an agent for this purpose. The victim and the defendant booked the hotel room together.

However, according to the victim, shortly after entering the hotel room, the defendant threatened to kill her and raped her. When she entered the bathroom, she left the room and ran out of the hotel crying, called the police and the defendant was immediately arrested.

Justice Deshpande noted that this entire scene was also narrated by the hotel staff. The judge refuted the suspect’s claim that the victim girl did not have any problems booking the hotel room, that they even had lunch together before entering the room, and therefore the girl consented to sexual intercourse.

“It is undoubtedly true that there is evidence showing that the defendant and the victim were instrumental in booking the room, but this cannot be considered as consent given by the Victim for the purpose of sexual intercourse.” the judge repeated.

Appearance:

State Public Prosecutor SG Bhobe appeared in court on behalf of the state.

The defendants were represented by lawyers Kautuk Raikar and Digaj Bene.

Case Details: State v. Gulsher Ahmed (Criminal Revision Application 6, 2021) via Canacona Police Station

Click Here to Read/Download Judgment