IndiaCourt rules presence of condom is not proof of consent; Defendant...

Court rules presence of condom is not proof of consent; Defendant in torture case granted bail

Mumbai: The Sessions Court in Mumbai has made a significant reference while considering the case of rape of a young woman. The court ruled that the discovery of the condom at the scene was not a sign of consent between the two. The court was hearing the bail application of the accused in the case of a colleague who molested the wife of a naval officer. Meanwhile, the court agreed to grant bail to the accused. According to the case records, the condom was found at the scene of the incident. But the court observed that this could not be found as evidence of the victim’s confession to sexual intercourse. “The discovery of the condom at the scene is not sufficient evidence that the complainant consented to have sex with the plaintiff. The possibility that the defendant may have used a condom to avoid further problems cannot be ruled out.” The Times of India reported that the court said. However, the court granted bail to the accused after the police completed the investigation in the case and filed a chargesheet.

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The court action was taken on the complaint of a woman who was molested by her colleague who was staying in the next quarters at home while her husband was going for training in Kerala. The incident took place on April 29. The complainant said that on the day of the incident, the accused had given her a chocolate and after consuming it, she felt a terrible headache. According to the woman, the accused went to the quarters and gave her paracetamol pills. However, after a while, the woman stated in her complaint that the accused had suffocated and tortured her. The woman also said that she attacked the young man with a blade to prevent torture. According to reports, the woman had also attempted suicide after being tortured. When her husband returned the next day, she told him what had happened. The two then lodged a complaint with the police and the police arrested the accused youth.

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However, the accused argued in court that he was trapped in the case. Defendant told the court that there was another person in the room and therefore it is not credible that the torture took place. Defendant further stated that the presence of a condom in the room where the torture took place was an indication that consensual sex had taken place. But the court dismissed the allegations.


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