Deepali Kalia –
Published on August 10, 2021, at 13:24 IST
On 9th August, a Lawyer before Delhi High Court quoted a movie dialogue from Bollywood movie Pink at the time of making arguments with regard to consent in rape.
Advocate Anu Narula who was appearing on behalf of the complainant quoted the famous “No means no!” dialogue of Amitabh Bachchan from the movie Pink.
However, Single-Judge Justice Rajnish Bhatnagar who was hearing the matter was of the opinion that the accused and complainant had a consensual affair which went south because of non-fulfilment of promise to marry.
The Court also noted that the duo was married to their respective spouses and even had children of their own from those marriages.
“The accused and the prosecutrix have had a 10-year long relationship prior to the incident. Later, they got married and the complainant took advantage of the situation to indulge in a relationship outside of their marriage. Bail granted.” The Court stated.
Advocate Narula contended that the complainant had been living alone with her three children as her husband was working in Qatar.
The accused had approached the complainant following which on the promise of marriage they had consensual sexual intercourse.
Later, the accused gave her abortion pills as she had conceived.
Afterwards the accused’s wife had spotted them together and forbidden them from ever meeting again, Narula submitted.
“Three times she was in a relationship with him. The woman admits this. If she wanted to lie, why would she admit to this also? No means no! Even if she consented to sexual intercourse with the accused ten times but not the 11th time, it means we do not have her consent.” Narula stated quoting the famous dialogue from the movie.
To the Court’s question about whether the complainant had made a complaint to anyone, Narula replied, “An FIR cannot be an encyclopedia. The accused is trying to make out a case that the complainant filed the FIR because of the accused’s wife.”
“Both are married and have three children each. They are very well aware of the consequences of their actions. The complainant got pregnant twice but she didn’t complain then. Now, after all these years she’s filing an FIR”, the Court noted.
Narula then said, “I’m a Bollywood fan so I must advise you to watch the movie Pink.”
Justice Bhatnagar said that he had seen the movie but the situation there was very different.
Also Read: Supreme Court: Trend of Lawyers giving Dishonest Advice to their Clients, needs to be Curbed