South African judge held on rape charge

The victim, who was in Mumbai to attend the WSF meet, was allegedly raped at the hotel she was staying.

A project director with an AIDS awareness group based in South Africa was allegedly raped by her fellow countryman, a South African judge of Indian origin, at a hotel in Mumbai on Sunday morning. The victim was in the city to attend the World Social Forum (WSF).

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The accused Sirajuddin Desai, who was also participating in the WSF, was arrested on Monday. He has been remanded in police custody till January 23.

The victim was introduced to Desai by some of her friends.

According to the police, the victim, her husband, Desai and friends, who were staying at the Taj President, had visited a nightclub on Saturday. The group returned to the hotel at around 2 a.m. on Sunday.

In her complaint to the police, the victim said Desai called her to his room where he overpowered her and raped her. Once she realised that rape was inescapable she forced Desai to wear a condom. In the morning she took the condom to the police who, after registering her complaint, detained Desai.

She said she did not expect to be molested or raped.

Advani told the Hindustan Times the fact that the woman was carrying condoms in her bag should not be misconstrued as she was an AIDS worker and it was usual for people working to create AIDS awareness to carry condoms for ready distribution.

Desai's lawyer C.R. Hirani has contended that there was consensus between the duo because the victim asked Desai to use a condom.

Advani said the victim asked "the judge (Desai) to use the condom when the rape became inevitable so that she may avoid infection". "This should not be mistaken for consent and interpreted as consensual sex as the other side is now attempting to do,'' she added.