Drunk woman’s consent for sex not an ‘excuse to commit rape’: HC

February 18, 2017

Mumbai, Feb 18: The Bombay High Court held that consent given by an intoxicated woman will not be considered valid or an ‘excuse to commit rape’ when judging a relevant case.

WDrunkAccording to a media report, the court has observed that if a woman says ‘no’ to intercourse even once, it should signify that she is not interested. It also added that consent should be ‘free and unambiguous’ for the incident to not be called as rape.

The court also observed that “an intoxicated woman is incapable of giving a free and conscious consent to a sexual relationship.”

“Not every ‘yes’ is covered as valid consent defined under section 375 of the Indian Penal Code. The term ‘without a woman’s consent’ has a wider meaning and covers a broader area of her wish to have sexual intercourse,” Justice Mridula Bhatkar was quoted as saying.

Bhatkar further added that ‘silence or uncertainty’ in itself cannot indicate consent.

Justice Bhatkar was hearing the bail applications filed by a resident of Pune, who was charged of gangraping a colleague with two other friends.

The accused claimed that the victim had consumed four cocktails on the night of the incident, following which he had taken her to his friend’s flat.

However, the victim claimed that she had not consumed alcohol intentionally. Instead, she alleged the accused had spiked her drinks, adding that she was unconscious when he took her to his friend's flat.

Though the victim’s account had a few inconsistencies when compared with accounts of other witnesses, the court refused to give any benefits to the petitioner for the same.

The judge questioned as to why the accused took the victim to his friend’s flat instead of dropping her home if she was drunk and could not even walk.

“Even if the victim did not disclose that she had had drinks, this doesn’t mean that her entire statement is false. Her post-rape condition suggests that she did not want to have sexual intercourse and if at all she had consented to it, the said consent was not valid,” said Justice Bhatkar while rejecting the petitioner’s bail plea.

However, she granted bail to the two fellow accused in the case.

Commenting on the rising number of rape cases, whether “genuine or false”, Justice Bhatkar said that the younger generation must be given some legal education.

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Agencies
January 6,2020

New Delhi, Jan 6: A blind student who is pursuing research in Jawaharlal Nehru University (JNU) was also attacked by the mob that perpetrated violence in the University yesterday.

"I thought that the mob which came yesterday would disperse after raising a few slogans but they indulged in violence. They were targeting ABVP students. They beat me with sticks and rods. When I went to the AIIMS Trauma Centre, I came to know that there are many other injured students there," Surya Prakash, the blind student pursuing research in the University told ANI.

"I talked to my family members. They are really worried about the situation here. I qualified in the National Eligibility Test (NET) last year but I want to study and hence I am continuing research in JNU. How can we do anything in this atmosphere of fear? I am receiving calls from anonymous numbers threatening me not to come in front of the media. They are saying that as I am blind, I would become the face of this case," he added.

Another PhD student, Santosh Bhagat recounted his experience.

"In the evening at around 7 pm, many masked men entered the hostel. They had rods and sticks in their hands. We tried to go out but the attackers had entered the premises by then. I locked my room from inside but the attackers broke the door and entered my room and attacked me. They pushed me from the first floor and I fell down and sustained an injury. Later, I took shelter at one of the Professor's flat. Later, I was taken to the AIIMS Trauma Cantre," Bhagat said.

On Sunday evening, more than 30 students of the university, including JNUSU President Aishe Ghosh, were injured and were taken to the AIIMS Trauma Centre after a masked mob entered the JNU and attacked them and professors with sticks and rods.

The JNU administration and political leaders, cutting across political lines, condemned the attack on students and urged the police to take action against the perpetrators.

Meanwhile, the situation remained tense but peaceful outside JNU on Monday morning as the university guards maintained a strict vigil at the gate, checking I-cards of all those entering the university.

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News Network
January 20,2020

Ahmedabad, Jan 20: Cops in Gandhinagar fell in a catch-22 situation when a state government employee approached them with a complaint that the 26-year-old woman class teacher of his 14-year-old son had gone missing taking his son in tow. The man, who works at Udyog Bhavan in Gandhinagar said the woman had seduced his teenage son, who studies in class VIII and taken him away with her. The boy had gone missing from 4pm on Friday, and the classteacher was also missing.

A police official said the woman teacher had been too intimate with the allegedly missing boy for around a year, and the school authorities had recently rebuked them. “As their relationship was unaccepted, they left their homes on Friday,” he said. It was rare to find a case of a woman teacher eloping with her teenage student, the official added.

An FIR for elopement under Section 363 IPC has been registered with Kalol city police in Gandhinagar district. The complaint stated the teacher is a resident of Darbari chawl in Kalol town.

“When I reached home at around 7pm, I found my son missing. My wife told me he had left home at around 4pm. We searched for him in the neighbourhood and among relatives, but couldn’t trace him,” claims the teenage boy’s father in the FIR. “I went to the teacher’s house but they were not there,” the man stated.

Inspector K K Desai of Kalol city police said the missing duo could not be traced as they were not carrying cellphones.

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Agencies
June 7,2020

Lucknow, Jun 7: From Anamika Shukla to Anamika Singh and finally Priya. The primary school teacher who was found to be teaching simultaneously in 25 schools, not only has multiple jobs but also multiple identities.

Anamika was arrested on Saturday from Kasganj district when she went to submit her resignation after she was served a show cause notice by the Basic Shiksha Adhikari (BSA), Anjali Agarwal.

Agarwal informed the police and Anamika was arrested.

According to the Kasganj BSA, Anamika Shukla, originally a resident of Kaimganj in Farukhabad is currently doing her B.Ed from the Raghukul Degree College in Gonda. Her other documents are also from the same college.

During interrogation, Anamika Shukla said that she was actually Anamika Singh but as questioning proceeded, it turned out that she was Priya from Farrukhabad.

She has been booked for cheating and forgery under IPC sections 420 (cheating and dishonestly inducing delivery of property), 467 (forgery of valuable security, will etc.) and 468 (forgery for purpose of cheating).

According to the police, the woman claimed that she had paid Rs five lakh to a Mainpuri-based man to get this job.

She used Anamika Shukla's credentials to get the job while her real name is Priya, daughter of Mahipal, a resident of the Lakhanpur village of the Kayamganj police circle in Farrukhabad district.

Soron station house officer (SHO) Ripudaman Singh said, "During interrogation, the accused initially claimed to be Anamika Singh, daughter of Subhas Singh. However, her documents are in the name of Anamika Shukla, daughter of Subhas Chandra Shukla."

The accused claimed that she paid the hefty amount to Raj, a Mainpuri-based man for the job and was posted in Faridpur Kasturba Gandhi Balika Vidyalaya (KGBV) since August 2018.

The police are now trying to zero in on the man who got her the job.

The police also believe that it could be possible that multiple candidates used credentials and 'eligibility' of Anamika Shukla - the real one still remains elusive.

According to the Uttar Pradesh government, five more Anamika Shuklas have been found working in KGBVs in Ambedkar Nagar, Baghpat, Aligarh, Saharanpur and Prayagraj districts. She has reportedly drawn a combined salary of Rs one crore in the past one year.

Teachers in KGBV, a residential setup for girls from weaker sections of the society, are appointed on contract and are paid approximately Rs 30,000 per month. Each block in a district has one Kasturba Gandhi school.

Basic Education Minister Satish Dwivedi said that the incident was 'shocking' and the police would unravel the entire racket in the case. "No officer, employee who connived with this teacher in providing her job at KGBV and subsequently hiding it, will be spared," he said.

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