Consent Of Drunk Woman For Sex Invalid: Bombay HC
By Team Legistify / 2017-02-22

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The Bombay High Court has held that when rape is defined under Section 375 of the Indian Penal Code, the term “without her consent” has a wider meaning and covers a broader area of her wish to have sexual intercourse.It observed: “ In the case of rape, intoxication cannot be an excuse. If a girl is intoxicated, it means mentally she is not capable to give a free and conscious consent. In a case of rape, when a woman says “No” for sexual intercourse, it means she is not willing; similarly when she says “Yes”, it should be free and conscious “Yes”. Not every “Yes” is covered under the valid consent.”

Justice Mridula Bhatkar was hearing bail applications filed by three youngsters from Pune, who have been accused under charges of gangrape, kidnapping and abduction of a 24-year-old woman.

It is the victim’s case that she was working as a technical support associate in Pune, where the main accused, Abhinaya Sahi, was also working. She was friendly with him and on the day of a company gathering, they decided to go to a bar. After this, she said she woke up and found herself at an apartment where she found Abhinaya laughing with his four-five friends, including a girl.

She experienced severe pain and asked the accused if he had sexually assaulted her, and he replied that she was gangraped. The girl later told her father and brother about the incident, who filed the complaint.

Counsel for the accused, Aabad Ponda argued that the victim voluntarily consumed alcohol along with the accused and hence, was intoxicated.

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