Does getting a condom at a crime spot mean having consensual sex? Know the decision of the court
The rape accused’s argument was rejected by the Sessions Court in Mumbai that a condom was found at the crime scene which indicates consensual sex. The defendant had claimed for bail that he had consensual sex with the victim. However, his argument was rejected by the court, which said that the condom at the crime scene was not a sign of consensual intercourse. However, the court granted bail to the accused on the basis that it had completed its investigation into the matter, but refused to accept the arguments of the accused. According to the complaint, the victim’s husband works in the Navy and lives in the Navy Quarters. According to him, two Navy personnel share accommodation in the Navy Quarter. The victim said that on April 23, her husband had gone to Kerala for 5 months of training, since then she had been living alone in one part of their residence. A few days later, the accused pressed her face and raped her. In the meantime, he tried hard to free himself from the charges.
The accused threatenedAccording to the complaint, the accused threatened not to tell anyone about the rape and said her husband would be falsely deceived. But she told her husband about the incident and he immediately came and informed the police.
Rape is not possible at homeDuring the bail hearing, the accused’s lawyers argued that his client was being misled. Another man was present in the house and he could not rape her. He further argued that a condom was also found at the scene, indicating that it was consensual sex.
Plaintiffs oppose bailProsecutors opposed the bail application, saying there was every possibility the accused could threaten the victim and her husband. However, a chargesheet has been filed in the court. Therefore, it will take time to decide on the merits of the case, the court said. Therefore, the accused cannot be kept in custody indefinitely.
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