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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 youngsters in India who are financially independent often have free interaction and drinks together, as claimed by counsel for the accused, Aabad Ponda.
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.
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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.
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