It is well settled that an act of meeting of minds has to be
inferred from the circumstances of the case. (Ref: Virender Singh Vs. State
of Delhi 2011 I AD (DELHI) 242).
Having regard to the well settled principles laid down by the
Crl.A. Nos. 20/2018 & 125/2018 Page 29 of 49
courts and in several judicial pronouncements of the Apex
Court, the acts alleged by the prosecutrix would not by
themselves be sufficient to invite a finding of guilt for
commission of an offence under Section 376 of Indian Penal
Code. This is not to say that such conduct is permissible or
acceptable. However we are concerned with a finding of guilt
for a serious charge of rape in the instant case...
4 During the course of arguments Ld. Defence
Counsel further relied on a case Virender Singh vs. State
(Delhi), 2010 (2) JCC 1350, wherein conviction of accused
was set aside as it was found that there was sex apparently
with the consent of the prosecutrix.
7. During the course of arguments Ld. Defence
Counsel further relied on a case Virender Singh vs. State
(Delhi), 2010 (2) JCC 1350, wherein conviction of accused was
set aside as it was found that there was sex apparently with the
consent of the prosecutrix.