Document Fragment View
Matching Fragments
32. Only if any of the aforesaid acts are established to have been committed by a person, the offence of rape could be held to have been committed against the victim so as to attract the punishment codified for rape u/s 376 IPC.
33. The question of consent, in the present case, does not arise, as kidnap is not established, but merely because the victim had gone along with the accused, it cannot be inferred that consent was given. Barring the issue of consent, whether any other ingredient is attracted, which constitutes the act of https://www.mhc.tn.gov.in/judis ____________ the accused having sexual intercourse with the victim to fall under the act of rape is the question that falls for consideration before this Court.