Condom Found At Crime Scene Is Not Sufficient To Conclude Sex Was Consensual: Mumbai Session Court.
By- Neha Virmani
Mumbai sessions Court on September 1, 2021 while hearing a plea for bail in the case related to rape by Navy Personnel stated that “mere presence of condom on the spot would not imply consensual sex” and granted bail to the applicant on the basis that the charge sheet has been formulated in accordance to the investigation.
In the present case, the complainant claimed that the applicant raped her in absence of her husband. Further, she (victim) stated that the accused threatened her that he will falsely implicate her husband in the case if she would inform about the incident. However, the victim and her Husband went to file a complaint.
And since, then the accused (applicant hereinafter) is applying for Bail application. The additional Session Judge Sanjashree while hearing the contentions of the applicant observed that the first bail application of the applicant was rejected on the ground of “presence of condom on the spot.”
Thus, while retracting the same ground the court stated that “mere presence of condom on the spot would not imply consensual sex; it may be used to avoid further complications thus the possibilities cannot be ruled out.”
Perhaps, the observation the court eventually granted bail to the applicant, accused for rape on the ground that the investigation has been concluded and charge sheet has been formulated accordingly.