A live-in relationship involving a Kashmiri-German homosexual couple has gone horribly wrong. The German has filed a “rape” case against the Kashmiri, who “deserted” him after allegedly “extracting” a huge sum of money.

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To make the rape charge stick, Sarwait Patarachokchai, who lives in Germany, also underwent a sex change to become a woman.

Defence lawyers on Saturday, however, argued before a local court that the rape charge wouldn’t stick as “she” was “male” when willingly entering into a homosexual relationship with Shah.

“The rape charge cannot be filed by a man who willingly had a relationship with another man. The case of rape can be filed only if the victim was female. Sarwait was male before the sex change,” Bilal Ahmad, Shah’s counsel, said.

Sarwait’s counsel Mohammad Abdullah Pandit said both parties had agreed on a homosexual marriage in Berlin. “He was deserted by Shah after extracting a huge sum of money,” he told the court, which set May 6 as the next date for hearing. 

The story dates back to 2007. Sarwait visited Kashmir where “he" met Shah and had an intimate relationship with him for several years. “Shah took Sarwait home, introduced him to his family. Shah’s family invited Sarwait to stay in Shah’s home, a dilapidated house which Sarwait paid to repair and reconstruct,” said Pandit.