'Girl would not go to a hotel room ... ': Court acquits rape case accused

NEW DELHI: The Nagpur bench of Bombay high court acquitted a rape convict while observing that no prudent girl would go to a hostel room to meet an unknown boy for the very first time as such a meeting at a private place would send an "alarming" signal about the boy.

"A girl meeting a young boy for the first time would not go to a hotel room. Such conduct on the part of a boy would obviously send alarming signals to the girl. In my view, the evidence of the victim about the occurrence of the incident is totally unbelievable," Justice Sanap opined, according to Livelaw.

Justice Govind Sanap, who presided over the Nagpur bench of Bombay HC, dismissed the rape case version of the victim, who claimed that she met the convict through Facebook before finally landing up at a hotel room.

"The victim was not acquainted with the accused prior to meeting in the hotel. It was their first meeting. She has stated that on the request of the accused, she accompanied the accused to the room of the hotel. In my opinion, this conduct of the victim is not consistent with the conduct of a person of ordinary prudence placed in a similar situation," the judge was quoted as saying by Livelaw.

Justice Sanap further observed: "Even if, on some promise, the girl accompanies an unknown person to a room and if she is put in any trouble, then she is bound to raise hue and cry. It is not the case of the victim that the room of the hotel was far away from the crowded area of hotel. In my view, the occurrence of the incident in the hotel room, therefore, appears to be unbelievable."

The victim claimed she had started chatting and exchanged phone number with the boy, who later visited her at college where she studied in February 2017. Months later, the boy invited her to a hotel room to speak about "some urgent" matter.

The duo had consensual sexual intercourse but -- as alleged by the girl -- the boy clicked some objectionable photos and uploaded them on Facebook. He also shared them with her relatives and family.

The court also noted that the girl and her father remained quiet even after the photographs were posted online in March 2017 as the case was restored only in October 2017.

Considering the lack of evidence, the bench acquitted a convict. The decision was based on a review of the material on record, particularly the medical evidence and testimonies given by the victim, her father, and a few witnesses.
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