Sonu @ Subhash Kumar vs The State Of Uttar Pradesh on 1 March, 2021
7. Learned counsel for the applicant submitted that in the cross-examination, the prosecutrix has specifically stated that now she is not in love with the applicant and does not want to marry him. He further submitted that even on the false pretext, if a physical relation is established between two adults, the case does not come within the purview of rape. It is apparent that the prosecutrix was major at the time of incident and whatever physical relation was established, was between two consenting adults, who were in love, therefore, the case is not coming under the purview of Section 375 I.P.C. Learned counsel for applicant has relied on the judgment of Hon'ble Supreme Court in Sonu alias Subhash Kumar versus State of U.P. AIR Online 2021 SC 120.