KOCHI: High Court said that consenting to sexual intercourse in a semi-conscious state cannot be regarded as consent. Justice A Badharudeen made this clear by rejecting the anticipatory bail plea of ​​a senior student accused in a case of sexually assaulting a college student after giving her an intoxicating drink.

The girl's statement says that she was molested in the college on November 18, 2022. The girl and the accused were in love. The girl found the accused and his friends drinking and smoking at noon on the day of the incident when she reached the library as requested by the accused. The girl who refused to smoke was given cake and a bottle of water. The girl's statement said that she became unconscious after she had the cake and water and later the accused took her to the upper floor of the college and molested her. The abuse continued until December 7. According to the complaint, the accused asked the girl to go to his room on December 30 and because she did not go, he withdrew from the relationship.

Ramamangalam police registered a case on the girl's complaint. The prosecution had presented the details of the mobile conversation between the accused and the girl in the court. The defendant argued that it was consensual sex. It was at this stage that the High Court said that half-conscious consent cannot be regarded as consent. The single bench also pointed out that what happened is clear from the phone records.