prosecutrix
remained for a long duration of about four years in their
consensual physical relation, there is no allegations by the
complainant/prosecutrix that ... from the facts that it is
simply a case of courtship and consensual physical relation
between accused and the prosecutrix who are two grownup
persons
Karnataka, Halavagalu police, Davanagere -
Appeal against judgment of conviction and
sentence - Consensual sex between the
complainant and the accused - Accused forcing
the complainant to have ... also possible that the
desire to have sex was mutual and consensual.
Hence, given the circumstances of the case, it is
possible to hold
serious plea
of enmity. There is no suggestion given to prosecutrix
regarding consensual relationship. The paternity of the child
was admitted after the report ... girl and the child, which as per him was a product of
consensual relationship though denied by the prosecutrix.
Defence of the accused
marriage is not possible with him. Even then, if she had
consensual sex with the applicant, then it is not a case where consent ... evil on each
side. There is a clear distinction between rape and
consensual sex and in a case like this, the court must very
carefully
outset, a case of love affair, elopement and consensual physical
relationship between A-1/appellant in Crl.A.No.57/2010 and the victim ... fatal to the
prosecution case.
7) Admittedly, it is a case of consensual sexual relationship between the
victim and A-1 and coupled with
rape,
notwithstanding the testimony of the prosecutrix conceding the
relationship to be consensual, has led to revelation of a pattern of
irresponsible exercise of jurisdiction ... extended any threats
to her. She stated that because of the (consensual) physical
relationship, she had become pregnant and that she had aborted her
pregnancy
developed love affairs one week before the incident and thereafter they have
consensual physical relationship at the work place of the accused, and stated that ... relationship. It is the specific
case of the accused that it was consensual as the accused and the victim was having
relationship recently. Learned
complaint, the applicant promised to marry with her. Thereafter, many times
consensual physical relations were established either at Nagpur or at Jalgaon.
In the month ... made out against the applicant, as it is the
case of consensual sex. Non-applicant No.2 is a married woman and her first
marriage
ingredients of Sec 376 do not attract.
He would submit that consensual relationship between the parties
would not constitute the offence under Section ... relationship started about
two years back. Since the same relationship is consensual
relationship between A1 and defacto complainant, the same
does not attract ingredients
clearly go
to show that it was a case of consensual sexual relationship and not that
the accused was having a sexual intercourse with ... against her will and without her
consent and it being a consensual, it was only when the accused did not
agree for marriage, the case
