MUMBAI: The Bombay high court recently dismissed an appeal filed by a woman against the acquittal of a man she had accused of raping her in 2003.
The HC bench of Justices V K Tahilramani and V L Achliya said that that the ''appeal by the original complainant is devoid of merit and substance. No arguable case is made out to entertain this appeal. We are, therefore, not inclined to admit this appeal.''
The case revolved around a receptionist at a five star hotel in Mumbai who alleged that she was raped by a marketing executive, also employed at the hotel. She met him at the hotel. Both were adults. She said their acquaintance developed to close friendship and since 2003 into an intimate physical relationship. She alleged that he promised to marry her and hence she had a relationship with him.
The trial court found no evidence of rape and acquitted him. The HC too said that ''since the year 2003, they were in continuous physical relationship. Their sexual relationship continued for a period of about two years till the accused allegedly left for Dubai. There is no cogent, convincing and reliable evidence to accept the case of the complainant that accused committed sexual intercourse with her on the night of July 12, 2003 or thereafter against her will or without her consent.''
The HC said, ''from the long standing relationship and the evidence on record, inference can safely be drawn that she was a consenting party to sexual relationship.' The complaint was lodged in 2007 for the first time. The HC said it was brought on record that the sexual relationship between the two continued even during the pendency of the case. ''It is, therefore, difficult for us to believe that consent for sexual relationship was obtained by making false promise to marriage,' the HC said rejecting her appeal.
http://articles.timesofindia.indiatimes.com/2013-12-29/mumbai/45674282_1_sexual-relationship-hc-bench-acquittal
The HC bench of Justices V K Tahilramani and V L Achliya said that that the ''appeal by the original complainant is devoid of merit and substance. No arguable case is made out to entertain this appeal. We are, therefore, not inclined to admit this appeal.''
The case revolved around a receptionist at a five star hotel in Mumbai who alleged that she was raped by a marketing executive, also employed at the hotel. She met him at the hotel. Both were adults. She said their acquaintance developed to close friendship and since 2003 into an intimate physical relationship. She alleged that he promised to marry her and hence she had a relationship with him.
The trial court found no evidence of rape and acquitted him. The HC too said that ''since the year 2003, they were in continuous physical relationship. Their sexual relationship continued for a period of about two years till the accused allegedly left for Dubai. There is no cogent, convincing and reliable evidence to accept the case of the complainant that accused committed sexual intercourse with her on the night of July 12, 2003 or thereafter against her will or without her consent.''
The HC said, ''from the long standing relationship and the evidence on record, inference can safely be drawn that she was a consenting party to sexual relationship.' The complaint was lodged in 2007 for the first time. The HC said it was brought on record that the sexual relationship between the two continued even during the pendency of the case. ''It is, therefore, difficult for us to believe that consent for sexual relationship was obtained by making false promise to marriage,' the HC said rejecting her appeal.
http://articles.timesofindia.indiatimes.com/2013-12-29/mumbai/45674282_1_sexual-relationship-hc-bench-acquittal
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