In a sigh of relief for a 23-year-old man, the Karnataka high court has quashed a rape case against him, booked on a complaint by a woman who alleged that she had withdrawn her consent for sex during their encounter in a hotel room.
A single-judge bench Justice M Nagaprasanna on October 25 passed the order after stating that the sexual relationship between the man and the woman, whom he had met via dating app Bumble, was consensual, The Bar and Bench reported.
Justice M Nagaprasanna took note of a submission made by the accused that the police had ignored the chats between him and the woman.
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“The chats are not in good taste nor can be reproduced in the course of the order. It would only indicate that the acts between the petitioner and the 2nd respondent/complainant are all consensual,” the judge said.
The accused and complainant met on Bumble
The report said the accused and the complainant first connected on the dating app Bumble last year and then remained connected through Instagram.
{{/usCountry}}The report said the accused and the complainant first connected on the dating app Bumble last year and then remained connected through Instagram.
{{/usCountry}}In the police complaint dated August 13, the woman said they decided to meet in person on August 11, and after picking her up from her apartment, they went to a hotel.
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In her complaint, the woman claimed that when he started seducing her, she instantly withdrew her consent for sexual intercourse.
However, she alleged that the man ignored her expressed withdrawal of consent and proceeded to rape her. The next morning, he reportedly dropped her home.
The woman said she later suffered pain and went to a hospital. Subsequently, she filed a complaint, leading to registration of a criminal case under Section 64 of Bharatiya Nyaya Sanhita (BNS).
Advocate Athreya C Shekar, who represented the accused, submitted that there were only consensual acts between him and the woman, who has been active on Bumble for a long time.
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However, additional SPP BN Jagadesha, who represented the State, opposed the quashing of the case, submitting that the accused should prove his innocence in trial.
Considering the nature of chats and law laid down by the Supreme Court, the Karnataka high court proceeded to quash the rape case.