High court rejects bail application of accused in rape case

Kochi (IANS). The Kerala High Court has dismissed the anticipatory bail plea of a rape accused, saying no semi-unconscious woman can consent to sex.

A special court dealing with SC/ST Act offenses had earlier rejected the anticipatory bail plea of the accused, following which he had to approach the High Court.

The High Court was hearing a case in which it was alleged that the accused raped a woman belonging to the Scheduled Caste community in a semi-unconscious state after mixing some intoxicating substance in her cake and water bottle.

The court said, “The accused raped the woman after giving her a cake and a water bottle, when she was in a semi-conscious state. It cannot be said that there was mutual consent in this.

The court said that prima facie the allegations against the accused are proved to be true. Therefore, this bail application under the Scheduled Castes and Scheduled Tribes Act stands dismissed.

The appellant claimed before the High Court that he and the complainant were in a relationship and lodged the false rape complaint after their relationship was strained.

The prosecution, however, said that the accused raped the complainant after making her drink some intoxicating liquid, due to which she became semi-conscious.

The prosecution also alleged that the accused person had threatened and raped her earlier as well.

The public prosecutor submitted that even if there was a relationship between the complainant and the appellant, the allegation of rape would stand.

Meanwhile, an audio recording of the phone call between the complainant and the appellant was also produced in the Court. In which the counsel for the appellant claimed that it was by mutual consent.

After going through everything, the court concluded that there is a prima facie case against the appellant and hence his application for anticipatory bail was rejected.