The court ruled that the determination of consent in sexual assault cases is a matter for trial, and significant delays in lodging FIRs may raise suspicions but do not negate the victim's claims.

ORDER :

Jobin Sebastian, J.

This bail application seeking anticipatory bail has been filed by the sole accused in Crime No.290 of 2025 of Kareelakulangara Police Station, registered alleging commission of offence punishable under Section 64 of Bharatiya Nyaya Sanhita , 2023.

2. The prosecution allegation can be epitomized as follows:-

The victim of this offence is a lady aged 44 years. During the year 2022 she was working at Andhra Pradesh in a Non-Governmental Organisation called ‘Bharatiya Suraksha Samskrit Foundation’. The accused in this case was also working in the same organisation representing the State of Goa. The victim and the accused were acquainted with each other and were in good relationship. While things being so, on 14.11.2022 while the foundation stone laying ceremony of the house of the accused was conducted, the victim also attended the same as an invitee. She was accompanied by her father. After the ceremony when all the invitees left, the victim went to a bedroom for taking rest and laid on a cot. After a shortwhile the accused touched on her legs with sexual intend. When the victim resisted, the accused forcefully closed her mouth using a towel and committed rape on her forcefully. Thereafter on 10.11.2024 the accused asked the victim to come to a hotel, and inside the said hotel he again committed rape on her forcefully after threatening her that he would publish the nude photos and videos of the victim which he had recorded. Hence the accused is alleged to have committed the above said offence.

3. I heard the learned Counsel appearing for the petitioner as well as the learned public prosecutor and also perused the available records.

4. The learned Counsel for the petitioner would submit that the petitioner is totally innocent and the present case is foisted by the defacto complainant to grab money from him. Moreover it is contended that, prior to the registration of the present case a writ petition has been filed by the petitioner arraying the victim/defacto complainant in this case as a respondent, and in the said writ petition the grievance of the petitioner was that the victim had published the photos of the petitioner in the social media. In the said writ petition the petitioner sought a direction to remove the said photographs. According to the Counsel it was enraged by the said writ petition and as a counter to the same, the present case has been foisted by the defacto complainant with wild allegations. The learned Counsel further submitted that the inordinate delay occurred in lodging the FIR in this case itself reveals the hollowness of allegations levelled against the petitioner. The Counsel submitted that the petitioner was having a cordial and good relationship with the defacto complainant. Misusing the said situation the present case has been filed by the victim to loot money and to retaliate for the writ petition filed against her. Per contra, the learned Public Prosecutor opposed the bail application with much vehemence highlighting the serious nature of offence alleged. According to him if anticipatory bail is granted the same will thwart the investigation of this case.

5. A perusal of the records reveals that it is a case in which a 44 year old lady has come forward with an allegation that she was subjected to sexual intercourse forcefully by the petitioner. As per the victim’s version it was on 14.11.2022 the petitioner committed rape on her. Notably the said incident was allegedly occurred while the victim visited the house of the petitioner to attend a foundation stone laying ceremony of the house of the petitioner. From the FIS itself it is gatherable that the alleged sexual act was committed while the victim was taking rest by laying in a cot inside the bedroom of the petitioner’s house.

6. There is specific allegation that it was without her consent the petitioner engaged in sexual intercourse with her. Of course, the crucial question to be considered in this case is whether there occurred