‘Woman entering a hotel room with a man who did not consent to sex’: Bombay high court overturns trial court order in rape case | India News

NEW DELHI: Goa Bench between Bombay High Court He overturned the controversial decision Margao Trial CourtIt has been ruled that a woman’s decision to book a hotel room and enter it with a man does not mean she is a woman. approval Live reported that Law had sexual intercourse.
In an order delivered on September 3 and made public recently, a single judge bench headed by Justice Bharat P Deshpande rejected the dismissal order passed in March 2021, which closed a case. rape case against the defendant, Gulsher Ahmed. The first instance court ruled that the woman had implicitly consented to sexual activity since she booked the hotel room and entered the room with the defendant. As a result, the court cleared Ahmed of the charges.
The high court found this reasoning to be fundamentally flawed. “Drawing such an inference is clearly contrary to established recommendation, especially considering that the complaint was made immediately after the incident,” the high court said. Justice Deshpande emphasized that whatever the circumstances, the mere act of entering the hotel room with the accused does not constitute consent to sexual intercourse. The Supreme Court said, “Even if it is accepted that the victim entered the room with the defendant, this situation can in no way be considered as her consent to sexual intercourse.” he added.
The case dates back to March 2020, when Ahmed allegedly lured the woman with the promise of working abroad. He convinced her to meet him in a hotel room, claiming it was to meet with an employment agency. The complaint alleges that both the victim and Ahmed booked the room together. It was claimed that Ahmed threatened the woman with death and raped her as soon as she entered.
When Ahmed left the room for a short time after the attack, the woman ran away. He immediately reported the incident to the police and ensured Ahmed’s arrest. He has been charged under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
Despite the victim’s rapid report and the accusations against Ahmed, the trial court dismissed the case, concluding that the woman’s actions were consensual. However, after a protracted legal battle lasting three years, the Bombay high court found this conclusion to be a legal error and effectively reopened the case, reinstating the charges.