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A man can't gag, denude and rape at the same time without scuffle: Bombay HC

The court acquitted the man from a rape case as there was no signs of scuffle

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Overturning the jail term of a 26-year-old man from a rape case, the Nagpur bench of the Bombay High Court observed that it is unlikely that the complainant was gagged, denude and rape at the same time without any scuffle.

Justice Pushpa Ganediwala said, “It seems highly impossible for a single man to gag a survivor’s mouth, remove her and his clothes, and perform the forcible sexual act without any scuffle”.

Pointing our that that the defence of consensual physical relations does appear probable," the judge said, "Had it been a case of forcible intercourse, there would have been a scuffle between the parties. In the medical report, no injuries of a scuffle could be seen.”

The judge also highlighted the girl's statement that she wouldn't have had filed the FIR if her mother did not enter the house.

The victim had alleged that her neighbor Suraj Kasarkar entered her residence, gagged her mouth, removed her clothes and committed forcible sexual intercourse with her. She said that the accused fled from her house after her mother entered the room.

The court observed that the prosecution could not prove that she was below 18 years when the offence took place. In her complaint filed on July 26, 2013, the mother had said that her daughter was only 15 years old when she was raped under the influence of liquor.

The counsel of the accused told the court that the girl was above 18 years at the time and that it was a consensual act between them.

Observing that the prosecution miserably failed to prove the case, the judge said, "A perusal of the testimony of the victim, does not inspire the confidence of the Court as the incident, as narrated, does not appeal to the reason as it is against the natural human conduct."

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