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Home / India News / Possibility of consent can’t be countenanced in case of a 13-yr-old rape survivor: Bombay HC

Possibility of consent can’t be countenanced in case of a 13-yr-old rape survivor: Bombay HC

“The prosecutrix (survivor) at the time of the incident was only 13 years of age, and, as a result, the argument that it could be a consensual act cannot be accepted,” said Justice CV Bhadang while rejecting application of Sagar Sahi, a driver, who was, ironically, employed by a non-governmental organisation (NGO) working for the welfare of children.

india Updated: Aug 14, 2020 12:11 IST
Kanchan Chaudhari
Kanchan Chaudhari
Hindustan Times, Mumbai
The judge added that the absence of external injuries cannot be prima face considered a proof in favour of the accused, while citing the definition of rape under section 375 of the Indian Penal Code (IPC).
The judge added that the absence of external injuries cannot be prima face considered a proof in favour of the accused, while citing the definition of rape under section 375 of the Indian Penal Code (IPC). (HT file photo)

The possibility of consent cannot be countenanced in case of a minor rape survivor (13), the Bombay high court (HC) said while rejecting plea of a rape convict for bail during pendency of his appeal.

“The prosecutrix (survivor) at the time of the incident was only 13 years of age, and, as a result, the argument that it could be a consensual act cannot be accepted,” said Justice CV Bhadang while rejecting application of Sagar Sahi, a driver, who was, ironically, employed by a non-governmental organisation (NGO) working for the welfare of children.

Sahi was convicted last year for raping a minor in 2015 and sentenced to rigorous imprisonment for 10 years.

He had moved a plea before HC seeking bail during pendency of his appeal against the conviction and the sentence.

It was argued, on his behalf, that the medical report of the survivor would show that there were no external injuries on the person of the rape survivor.

Expressing possibility that the act could be consensual and the rape survivor could be a consenting party, the lawyer of the convict submitted that it was necessary to bring on record the call data record of conversations between the convict and the rape survivor, but the investigating officer (IO) of the case failed to do so.

Justice Bhadang, however, refused to accept the contention as far as consent is concerned.

The judge added that the absence of external injuries cannot be prima face considered a proof in favour of the accused, while citing the definition of rape under section 375 of the Indian Penal Code (IPC).

The judge also pointed out to the irony that the convict was employed by an NGO as a driver to work for the welfare of children but has been charged and sentenced for sexually assaulting a minor.

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