Past sexual experience does not imply consent, says Delhi court in rape case

A Delhi court has dismissed the anticipatory bail application of 28-year-old Mumbai-based journalist, accused in a rape case.

A Delhi court has dismissed the anticipatory bail application of a 28-year-old Mumbai-based journalist, accused in a rape case, observing that previous relationship with the victim does not "imply consent". "In view of Section 53-(a) of Indian Evidence Act, which provides that evidence of character or previous sexual experiences not relevant in certain cases, including the offence under Section 376, and this provision specifically shows that previous sexual experiences with any person shall not be relevant on the issue of such consent or quality of consent. Therefore, from her previous experiences with the accused the consent cannot be implied," said Additional Sessions Judge Sanjay Khanagwal. In her complaint, the woman had alleged that she was raped by the journalist at a five-star hotel in Delhi's Chanakyapuri on February 20 this year.