Mumbai court: Condom found at the spot does not mean sex was consensual

Mumbai court: Condom found at the spot does not mean sex was consensual
Bombay High Court

The presence of condoms at the spot will not mean that sex was consensual said the Mumbai court during the bail hearing process of a naval staffer who was arrested in April on the charges of raping his colleagues’ wife.

The alleged incident took place on April 29, when the husband of the woman went to Kerala for training and the accused who lives in the adjoining quarter went and offered her chocolate. Due to a severe headache at around 3 A.M the woman asked the accused to provide her medicine. After giving her the medicine, sometime later the woman says he grabbed her and raped her. She further stated that she tried to strike the accused with a blade but was put off. After that, she cut her wrist.

The next day, she informed her husband about the incident and after having returned to the city they approached the police.

The alleged accused had sought bail claiming that there was another man in the house making it impossible to commit the crime and that he is falsely accused. He said that a condom was found at the spot suggesting that the sex was consensual.

While granting bail on the grounds that the case was over and the charge sheet was submitted the Mumbai court said “Merely because the condom was found at the spot of the incident is not sufficient to come to a conclusion that the complainant was having consensual relations with the applicant. The possibility of the accused using the condom to avoid further complications cannot be ruled out”.

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