“If a woman goes to a hotel room with a man, it does not mean that there is consent to have physical relations.”

A woman booking a hotel room with a man and entering the room does not constitute consent that she is willing to have physical intercourse. The Goa Bench of the Bombay High Court has said this in an important decision. Bombay High Court Judge Bharat P Deshpande has said this. Giving this contention, the High Court in March 2021 set aside the order of the trial court in the rape case which closed the case against accused Gulsher Ahmed.

What did the court say?

According to the bar and the bench, while hearing the case, the judge said that if it is accepted that the woman went into the room with the man, it cannot in any way be taken to be her consent to the physical relationship. The court said there was evidence that both the victim and the accused played a role in booking the room. But this can in no way be seen as consent to physical relations.

What did the trial court say?

While hearing this rape case, the trial court in its decision said that the woman was instrumental in booking the hotel room with the accused and she also went to that room with the accused. So, she consented to have physical relations with the man inside the room. The trial court then ordered discharge. After this order, the rape case against the accused was closed. However, now the High Court has rejected this order.

What is the whole matter?

According to the bar and bench, the entire matter came to light in March 2020. The woman alleged that the accused had offered her a private job abroad. The accused took the woman to the room on the pretext of meeting an agency for a job. The victim alleged that as soon as she entered the room, the accused threatened to kill her and then raped her. According to the woman, when the accused went to the bathroom, he ran away from the room and the hotel and reported the incident to the police.

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