Consent for unnatural sex no ground for discharge: Court

New Delhi: A Delhi court has said that prima facie the offence of unnatural sex is made out against a pilot who allegedly sexually assaulted his cabin crew, observing that consent is no ground for discharge.

The court said that charges can also be framed for rape and criminal intimidation against the accused who used his authority over her.

"The facts of the cases cited by the counsel for accused cannot be applied to the present case since the specific allegation of unnatural sex has been leveled against the accused for which consent cannot be ground of discharge. Further the prosecutrix is stating that the accused used his authority to force the prosecutrix into the physical relationship," Additional Sessions Judge Anuradha Shukla Bhardwaj said.

The court also said that keeping aside the allegation of promise of marriage, "There is otherwise prima facie material available to frame charges against the accused for the offences under sections 376(2) (rape), 377 (unnatural sex) and 506 (criminal intimidation) of the IPC."

Arguing on the point of framing charges, the prosecutor said the woman, who was a senior cabin crew, has stated in her complaint that the man used his authority of being a pilot in an airlines to obtain sexual favours, threatening her that he will finish her career. She has also leveled allegations of physical assault.

He argued that the woman had leveled allegations of unnatural sex and rape and alleged that the accused had induced her into a relationship on the pretext of marriage.

The woman had stated that she had resisted the advances of the accused and that he had her objectionable pictures which he threatened to use in case she made a complaint, he said.

Seeking discharge in the case, the counsel for accused argued that the woman was already married at the time of alleged incident and therefore it was in her knowledge she that was not free for marriage and could not have been raped on the pretext of false promise of marriage.

A case was lodged against the man at Moti Nagar Police Station in west Delhi in 2014.

The court fixed August 1 for framing charges on the accused after the defence counsel sought deferment saying that proceedings are already pending before the Delhi High Court and are listed for July.