Mumbai, September 1: A sessions court in Mumbai has observed that the mere presence of condom does not indicate that sex was consensual. The court made the observation while hearing the bail application of a naval staffer who is accused of raping his colleague's wife in April. A condom was found where the alleged rape had taken place. Notwithstanding the observation, the court granted bail to the accused. Forcible Sex With Wife Cannot Be Considered Illegal, Says Mumbai Court; Grants Pre-Arrest Bail to Accused Husband.
"Merely because the condom was found at the spot of the incident is not sufficient to come to a conclusion that the complainant was having consensual relations with the applicant. The possibility of the accused using the condom to avoid further complications cannot be ruled out," the court said, as reported by Times of India. The accused, however, was granted bail on the grounds that the investigation was over and chargesheet has been filed.
The accused and the rape survivor would live in adjoining quarters. In her complaint, she said that the accused had visited her house on April 29 when her husband was away for training in Kerala. She said that he had offered her a chocolate. Hours later, she started feeling severe headache. She then contacted the accused who allegedly gave her paracetamol. Uttar Pradesh Shocker: Refused Sex, Man Kills Wife and Throws 3 Children in Canal.
After some time, she alleged, the accused gagged her and sexually assaulted her. In order to resist rape, the woman had attacked the accused with a blade. When she could stop the accused, she said, she cut her wrist with the blade. She told her husband about what had happened with her the next day. Subsequently, a complaint was lodged and the accused was arrested.
Seeking release on bail, the accused submitted in court that he was framed in the case. He claimed that there was another person in the room so it was impossible to rape. His lawyer also told the court that a condom was found where the alleged incident took place, which indicates consensual sex. However, the court disagreed. But, it granted him bail.