In a landmark judgment, the Bombay High Court in Goa held that even if a girl books a hotel room with a man and enters the room, it would not mean that she has consented to intercourse.

Sole judge Justice Bharat Deshpande set aside an order passed by a Margao court on March 3, 2021, acquitting a man of rape charges. In its order, the court held that since the girl was instrumental in booking the hotel room, she “consented” to the sexual activity that took place in the room and therefore a charge of rape could not be made. filed against Gulsher Ahmed.

In his order handed down on September 3, but made available recently, Justice Deshpande observed that the trial judge “clearly erred”, noting that since the victim entered the room, she had consented to the sexual act .

“To draw such a conclusion is clearly against the established proposition and particularly when the complaint was filed immediately after the incident. Even if it is accepted that the victim entered the room along with the accused, the same cannot be considered. as her consent to intercourse,” Justice Deshpande said in the order.

Judge Deshpande opined the Court, mixed two aspects, namely the entry with the accused in a room without any protest and secondly the granting for what happened in the room.

“The victim’s action immediately after leaving the room and crying too, calling the Police and filing a complaint that very day shows that the overt act allegedly committed in the room by the accused was not consensual,” said the judge.

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

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

Justice Deshpande noted that the entire scene was also narrated by the hotel employees. The judge damaged the accused’s claim that the victim girl had no problem in booking the hotel room and in fact, before entering the room, they dined together and thus consented to the sexual act.

“It is undoubtedly true that there is material to show that the accused and the victim were instrumental in booking the room, however, this would not be considered consent given by the victim for the purpose of intercourse.” the judge reiterated.

Appearance:

Prosecutor SG Bhobe appeared for the State.

Lawyers Kautuk Raikar and Digaj Bene represented the accused.

Case Details: State through Canacona Police Station vs Gulsher Ahmed (Criminal Revision Application 6 of 2021)

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