Dubai: A construction worker lost his appeal and will be jailed for three years for getting drunk and raping a co-worker.

The Indian victim, 24, was inebriated and walked back to his labour accommodation in Jebel Ali Industrial area in November, when the crime occurred.

His Pakistani construction co-worker, 29, saw him walking with difficultly, held him by his shoulder and walked him home.

The accused led the co-worker to his own room, where he made him remove his clothes and sodomised him.

The Indian, who pretended he wanted to go to the washroom in order to attempt escape, was shocked further when he opened the door to find three Pakistani men outside.

Police complaint

He managed to get away and rushed to the nearest police station, where he filed a complaint about his rape.

In March, the Dubai Court of First Instance jailed the Pakistani defendant to three years in jail.

The accused appealed his primary judgement and asked the Appeal Court to overturn his punishment and acquit him of rape.

The defendant argued before the appellate court that he had consensual sex with the claimant and didn’t force him.

On Wednesday, presiding judge Saeed Salem Bin Sarm upheld the three-year imprisonment.

The defendant, who pleaded not guilty, will be deported following the completion of his jail term.

The Indian was tried before the Dubai Misdemeanours Court for consuming alcohol.

He testified that he had been drinking on a Friday evening and was headed back to his room, when the accused accosted him in the street.

“He grabbed me by my shoulder and offered to walk me to my accommodation, because I was very drunk. He took me to the second floor of a labour accommodation where he locked us inside a room.

"I refused to take off my clothes when he asked me to do so. Then he forced me to undress and raped me. Later, when I went to the door and opened it, there were three Pakistani men outside.

"I told the suspect I had to go to the washroom to clean up and then reported the matter to the police,” the victim told prosecutors.

The appellate ruling remains subject to appeal before the Cassation Court within 30 days.