Rejecting the anticipatory bail application of Varun Hiremath, a Mumbai based television journalist in a rape case, a Delhi Court said that if "the woman stated in her evidence before the court that she did not consent, the court shall presume that she did not". The 22-year-old woman has accused Hiremath of raping her at a five-star hotel in Chanakyapuri, Delhi on February 20.
The accused's counsel informed the court about the history of a sexual relationship between Hiremath and the complainant. The counsel highlighted WhatsApp and Instagram conversations between the two “in order to show the love and passion between them for each other”.
However, Special Judge Sanjay Khanagwal said that consent cannot be implied from the complainant’s previous experiences with the accused. In an order passed on March 12, the court noted that some WhatsApp chats between the complainant and Hiremath after the alleged offence indicated the accused feeling sorry about his act.
This order by the court has received a lot of applause on social media. Citizens are appreciating the 'progressive' judgement by Delhi court.
A Twitter user wrote, "Stunningly progressive judgement by the Delhi court... why is there not more noise around this!!"
Another person tweeted, "It's a verdict we can get behind because it establishes that a woman can say no at any point and it matters. #DelhiCourt #rape #consent"
Another tweet reads, "Hope this becomes a precedent."
