Surrogacy-like deal not consent, rape case to proceed: HC

MUMBAI: The Aurangabad bench of the Bombay High Court on Monday dismissed a petition to quash a rape case, observing that the woman’s consent was obtained through an illegal, surrogacy-like agreement that cannot be considered as valid under law, as it violated public policy.

- Karuna Nidhi

The rape case was registered on June 26, 2022, based on a complaint from the victim, who had been a domestic worker at the house of the accused since February 2021. A month after she joined, the accused allegedly subjected her to physical assault and rape. He even barred her from stepping outside the house. On June 24, 2022, she decided to leave and demanded her salary from the family, but he allegedly assaulted her again and tried to strangulate her.

According to the prosecution, the victim revealed her ordeal to her mother, who had come to visit her on the following day. Her mother took her to a nearby hospital for examination, and medical records showed nine injuries. Subsequently, an FIR was registered by Anandnagar police station in Dharashiv against the accused.