Sex without consent will be considered rape : Delhi Court

New Delhi : The court rejected the anticipatory bail application of Varun Hiremath, the 28-year-old son of a Mumbai-based businessman accused of raping a model in a five-star hotel. The court said that relief cannot be granted in the case of rape on the basis of the victim’s first sexual relationship with the accused.

In a judgement on March 12, Additional Sessions Judge Sanjay Khanagwal, based in Patiala House, said that sexual intercourse with any woman without her consent would be considered rape. In this case there is a question as to whether he consented or not. In the statements made before the court, the woman said that if the sexual relationship was formed without her consent, the court would consider her statements and not the fact that they had sexual relations in the past.

The court said that although the WhatsApp and Instagram chats presented by the defense in this case have not been specifically denied by the prosecution, their argument is not acceptable that their client and the victim were having an affair and they are engaging in sexually explicit talks. The court said that even if there were sexual relations between the two before, it cannot be accepted in the case of misdemeanor under the Indian Evidence Act.

He said that the victim has clearly stated in the statements before the magistrate that she was raped by the accused on February 20 at a five-star hotel in Chanakyapuri. The court said that having a relationship without the consent of the woman falls under the category of rape even though they have had such relationship before. In this case, a case under section 376, 342, 509 was registered against the accused in ChanakyaPuri police station.

The defense counsel said that his client has been implicated in a fake case. She came to Delhi from Pune and met his client. After this he went to the hotel and booked the double bed room and gave her documents in the hotel. It is clear that she was interested in sex.

At the same time, the lawyer appearing for the victim said that his client did not have sex with her consent. He said that his client was going from the lobby and found the accused who took her inside the room and forcibly formed a relationship. Not only this, the accused sustained injuries when she tried to run away.

The investigating officer objected to the bail saying that it is necessary to interrogate the accused in custody.