Rape charges against a man were discharged in by an order passed by Margao trial court stating because the girl was involved in booking the hotel room, She consented to the sexual activity that took place in the room. Therefore, the man accused of rape charges cannot be charged with rape.
A single-judge bench of the Bombay High Court led by Justice Bharat Deshpande has quashed the order passed by the trial court stating that even if a girl has booked a hotel room along with a man and enters the hotel room with the man, it does not by any means can be taken that she has given her consent for a sexual intercourse.
The Bombay High Court observed that the trial court judge has clearly committed an error by making the observation that because the victim went inside the hotel room with the man she consented to the sexual intercourse.
It was clarified by Justice Deshpande that drawing such an inference for a girl is clearly against the settle proposition and specifically when the complaint was lodged immediately after the incident. Even if it is accepted that the victim went inside the hotel room along with the accused, the same cannot by any stretch of imagination be considered as her consent for a sexual intercourse.
The action on the part of the victim immediately after coming out of the room, crying, calling for help and police and lodging a complaint on that day itself shows the overt act allegedly carried out in the room by the accused was not by any means consensual on behalf of the female.
The man (accused) promised the female, a private job abroad and took the victim to a hotel allegedly on the pretext of meeting an agent for the purpose of job.
