The bombay high court in goa has decided in a case involving alleged rape that a female does not necessarily consent to sexual activity just because she and a guy rent a hotel room together and enter the room. According to Live Law, a march 2021 judgment from a Margao Trial court clearing a man of rape allegations was overturned by a bombay high court single-judge panel presided over by Justice Bharat Deshpande.
Although the order was issued by the bombay high court on september 3, it was just recently made public.
The trial court judgment states that the girl "consented" to the sexual behavior that occurred in the hotel room since she was involved in making the reservation. As a result, Gulsher Ahmed, the accused, cannot be prosecuted for rape.
According to Live Law, Justice Deshpande noted that the trial court judge "clearly committed an error" when he said that the victim had given her agreement to sexual contact since she had entered the room.
It is obviously against the established proposal to draw such a conclusion, especially when the complaint was filed right away following the occurrence. In the ruling, Justice Deshpande stated that even if it is acknowledged that the victim entered the room with the accused, this does not in any way constitute her consent to sexual contact.
"The victim's immediate actions after leaving the room, including crying, calling the police, and filing a complaint that same day, demonstrate that the accused's alleged overt act in the room was not consenting," the court stated.
The victim was offered private employment overseas on march 3, 2020, which is when the alleged incident took place. According to the investigation, he reportedly led the victim to a Margao hotel under the pretense of seeing an agent for the aforementioned reason.
Although the order was issued by the bombay high court on september 3, it was just recently made public.
The trial court judgment states that the girl "consented" to the sexual behavior that occurred in the hotel room since she was involved in making the reservation. As a result, Gulsher Ahmed, the accused, cannot be prosecuted for rape.
According to Live Law, Justice Deshpande noted that the trial court judge "clearly committed an error" when he said that the victim had given her agreement to sexual contact since she had entered the room.
It is obviously against the established proposal to draw such a conclusion, especially when the complaint was filed right away following the occurrence. In the ruling, Justice Deshpande stated that even if it is acknowledged that the victim entered the room with the accused, this does not in any way constitute her consent to sexual contact.
"The victim's immediate actions after leaving the room, including crying, calling the police, and filing a complaint that same day, demonstrate that the accused's alleged overt act in the room was not consenting," the court stated.
The victim was offered private employment overseas on march 3, 2020, which is when the alleged incident took place. According to the investigation, he reportedly led the victim to a Margao hotel under the pretense of seeing an agent for the aforementioned reason.
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