While most commendably not hesitating at all whatsoever in attaching paramount importance to the dignity, consent and well being of women, the most reputed Mumbai High Court Bench at Goa ruled that a woman booking a hotel room with a man and going inside the room with him does not imply that she consented to sexual intercourse with him.
The judgment titled State Through Canacona Police Station Vs Gulsher Ahmed in Criminal Revision Application No. 6 of 2021 and cited in Neutral Citation No.: 2024:BHC-GOA:1465 that was pronounced on September 3, 2024.
The Single Judge Bench comprising of Hon’ble Mr Justice Bharat P Deshpande underscored laying down in no uncertain terms that even if it is assumed that the woman entered the room with the man, the same cannot by any stretch of imagination be considered as her consent for sex. Very rightly so!
In plain terms, we need to note that the Bench was most frank, firm and forthright to candidly hold that, “It is no doubt true that there is material to show that the accused and the complainant were instrumental in booking the room, however, that would not be considered as consent given by the victim for the purpose of sexual intercourse….Even if it is accepted that the victim went inside the room along with the accused, the same cannot by any stretch of imagination be considered as her consent for sexual intercourse.”
It definitely has to be taken into account that the Bench very rightly envisaged, “The question before the learned Sessions Court was only with regard to framing of charge against the Accused. However, the tenor of the order passed while discharging the Accused would clearly go to show that the entire burden is put on the Complainant and she has been disbelieved only because she accompanied the Accused and went inside the room. Such observations of the learned Trial Court and that too at the stage of framing of charge are clearly beyond the scope of the provisions under which the Sessions Court is required to consider the material so as to frame the charge against the Accused.”
Needless to say, the Bench then specifies that, “It is well settled that at the stage of framing the charge, the Court has to shift and weigh the material only for the purpose of forming an opinion as to whether there is any material to frame the charge. While doing so, the Court has to peruse the entire chargesheet along with the statements of the Victim and other witnesses as well as the documents corroborating the case of the prosecution. Once the Court comes to a conclusion that there is grave suspicion, the charge is required to be framed.”
The record shows that the Victim after coming out of the room, immediately called the Police. On arrival of the Police at the said hotel, the Complainant was taken to the Police Station and the complaint was lodged. The Victim in clear words disclosed that the Accused took her to a hotel under the pretext of having a meeting with an Agent, who was supposed to provide her job abroad.”
The Bench observes “It is no doubt true that there is material to show that the Accused and the Complainant were instrumental in booking the room, however, that would not be considered as consent given by the Victim for the purpose of sexual intercourse.”
There can be just no gainsaying that if a man dares to have sex with woman without her consent then he must be made to pay for it and face trial and if convicted then be ready to spend time in jail! What is most noteworthy in this leading case that has to be borne in mind by us is that the woman had immediately complained and it is not after few years or few months or few days that she complained. Her prompt complaint against the forcible sexual intercourse has to be accorded the highest priority. So the accused now has no option but to face the trial and prove whether the sexual intercourse was consensual which if he fails will have to spend time in jail! No denying it!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut - 250001, Uttar Pradesh