The Delhi High Court held that in rape cases where the victim and accused know each other, consent cannot be deciphered by a тАЬfeeble noтАЭ.
Verdict: The Delhi high court Monday acquitted filmmaker Mahmood Farooqui of rape charges and set aside his sentence. A trial court in 2015 had sentenced him to seven years of rigorous imprisonment for raping a 30-year-old research scholar from Columbia University, New York.
While acquitting Farooqui, Justice Ashutosh Kumar held that in rape cases where the victim and accused know each other, consent cannot be deciphered by a тАЬfeeble noтАЭ.
Context: In June 2015, a case of rape was registered against Farooqui based on the complaint filed by a US scholar. She claimed that in a drunken state, Farooqui had forcible oral sex with her.
In 2016, a trial court judge Sanjiv Jain had accepted the testimony of the woman, convicted Farooqui.
The 2013 criminal law amendments to rape laws made a seven-year sentence mandatory for rape. FarooquiтАЩs sentencing triggered a debate on whether the minimum sentence was too harsh and must be awarded for forcible oral sex or not.
Questions before the high court: Farooqui had moved the Delhi high court in appeal. The court was to check the correctness of the trial court verdict.
While deciding that the victimтАЩs testimony is unreliable, the high court discusses consent.
1. On consent when victim and accused know each other and the victim is educated and may, have in the past had physical contacts with the accused, the high court says that a тАЬfeeble noтАЭ may not suffice.
2. The court also held that тАЬabsence of any real resistance of any kind re-affirms the willingness,тАЭ on the victimтАЩs part.
3. On the victimтАЩs conduct after the rape, the high court says that she could not have been so understanding as to confront the accused.
4. Lastly, the court also acknowledges FarooquiтАЩs history of bipolar disorder and says there is doubt as to whether he could discern/understand the victimтАЩs denial of consent, giving him the benefit of doubt.
Impact: The rulingтАЩs regressive discourse on consent is a setback for womenтАЩs rights. It shifts the onus on proving consent on the woman, contrary to apex court rulings and the 2013 amendments to rape laws.
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Bhandara first Covid-free district in Maharashtra | Nagpur News - Times of India
Bhandara first Covid-free district in Maharashtra | Nagpur News тАУ Times of┬аIndia
NAGPUR: The Bhandara district on Friday became the first district in Maharashtra to become Covid-free. The lone under-treatment patient in the district for the last three days was declared recovered on Friday morning. Bhandara has been reporting no new cases for the last three days despite conducting an average 600 tests daily. It took 15 months for the district to get the Covid-freeтАж
#BibiRussell, #Farooqui, #CulturalMinister, # EeshitaAzad, #AlyZaker- all the bigshots in a single frame. Thanks to Sudha apu for this photo. (at Policy Breakfast on Bengali Culture and Identity by NDI & IID)
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