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As their lawyer, Kapur too had received threat calls from these policemen and had registered a case with Model Town Police Station of north Delhi.

After hearing the submissions advanced from both the sides, Justice Bhatkar said, “If a girl is intoxicated, it means mentally she is not capable to give a ‘free and conscious’ consent.

In a case of rape, a ‘No’ from a woman means she is not willing but if she says a ‘Yes’, it should be free and conscious.

The HC has also held that intoxication cannot be an ‘excuse’ for men in rape cases.

The ruling came from a single-judge bench of Justice Mirdula Bhatkar while hearing the bail application of a Pune-based youth.

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