Girl Booking Hotel Room, Going Inside With Man Cannot Be Considered as Her Consent for Sex, Says Bombay High Court While Hearing Rape Case
In a landmark ruling, the Bombay High Court at Goa has ruled that a woman's act of booking a hotel room with a man does not imply consent to sex.
Mumbai, November 11: In a landmark ruling, the Bombay High Court at Goa has ruled that a woman's act of booking a hotel room with a man does not imply consent to sex. Justice Bharat Deshpande quashed a March 3, 2021, order by the Margao Trial Court that had discharged Gulsher Ahmed from a rape charge.
The Trial Court had erroneously concluded that the woman's involvement in booking the room indicated her consent to the sexual activity that occurred, Live Law reported. Justice Deshpande, in his September 3 ruling, emphasised that the Trial Court had conflated two separate issues - the woman's entry into the room without protest and her consent to the sexual act. ‘Consensual Sex Not Rape If Relationship Ends’: Karnataka High Court Quashes Rape Case Against Man Accused of Raping Woman on Pretext of Marriage.
Girl Booking Hotel Room, Going Inside With Man Cannot Be Considered as Her Consent for Sex
The incident, which took place on March 3, 2020, involved the accused luring the victim to a hotel under the pretence of securing a job abroad. Once inside, he allegedly threatened and raped her. The victim managed to escape and reported the incident to the police, leading to Ahmed's immediate arrest.
Hotel employees corroborated the victim's account, further discrediting the accused's claim that the victim's actions implied consent. Justice Deshpande's ruling underscores the importance of distinguishing between physical presence and actual consent in such cases. 'Touching Vagina With Penis Amounts to Penetrative Sex Assault': Meghalaya High Court Rejects 'No Penetration' Defence of Rape Accused, Upholds Conviction.
The Supreme Court ruled that a sexual harassment case cannot be quashed simply because the complainant and the accused have reached a 'compromise.' The ruling came after the court set aside a Rajasthan High Court order that had granted relief to a teacher accused of sexually harassing a minor student, instructing that the case should proceed.
The case involves a 2022 incident in Gangapur City, Rajasthan, where a minor Dalit girl filed a police complaint against a government school teacher, accusing him of sexual harassment. Following the complaint, a formal case was registered, invoking the Protection of Children from Sexual Offences (POCSO) Act and the SC/ST (Prevention of Atrocities) Act. The minor's statement was also recorded during the investigation.
(The above story first appeared on LatestLY on Nov 11, 2024 08:28 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).