Mumbai: The MIDC police, which is investigat-ing the alleged gang rape case of a 25-year-old air hostess, have not yet established the role of any of the three roommates who were present in the flat at the time of the incident. However, the police has not yet given a clean cheat to any of the roommates. "We have interrogated the three roommates, but they have denied any knowledge of this incident," said the police officer of MIDC Police station. Another officer said, "After arresting Swaplnil Badonia (23) we had detained the roommates, we questioned them individually and there were no discrepancies their statements. They said, at the time of the incident, they were in the bedroom and this
INTOXICATION OF VICTIM IS NO EXCUSE
What does the law say about rape when a girl is intoxicated or under the influence of alcohol? In 2017, Justice Mridula Bhatkar of the Bombay High Court, while deciding a matter, ruled that in a case of rape, intoxication of the victim cannot be an excuse for the accused. It means in a state of intoxication, the victim is not capable of giving her free and conscious consent. In a case of rape, when a woman says “no” to sexual intercourse, it means she is not willing; similarly, when she says “yes”, it should be free and conscious “yes".
If a woman is under intoxication/influence of liquor or any drug, then even though she gives consent, it is not a consent. On the other hand, the act of rape committed under influence of drug or liquor is not covered under the exceptions under the Indian Penal Code and that argument is not available to the accused. couple was out in the living room. They also claimed they did not hear any noise. We have not arrested any of them as yet and they will be called again for investigations."
On Tuesday, a 25-year-old air hostess working for a private airliner had complained that a security officer of the same airlines, along with and his roommates, had gang raped her. She was admitted to KEM hospital who contacted the MIDC police and they arrested Badonia, the security officer.
The air hostess had alleged that after she alighted at Mumbai from Hyderabd, she and Badonia went out to have drinks at a pub in Malad. After a few drinks she claims she felt drowsy and vomited, after which she remembers nothing. Only the next morning, when she woke up, she found herself in Badonia's apartment. She claims, she woke up with a body ache and her one eye was swollen and she had bite marks on her body. She also complained of considerable pain in her private parts. According to her statement, when she confronted the accused about the pain he said it could be due to the drinks she had consumed. When she asked the female roommate in the flat, she maintained a silence.
