must be interpreted to mean that unaided institutions can enter into consensual seat-sharing arrangements with the State. He submitted that in P.A.Inamdar ... imposed by the State but can only arrive at by a consensual arrangement which may be reached between the private unaided professional institutions
before the complaint was preferred and it also indicates it
is a consensual sex and hence, the sexual act alleged will not constitute
rape within ... judis
Crl.A.No.547 of 2021
discernible age, consensually made, can never amount to rape and even
if any promise of marriage is made
Secondly, Mr. R. Krishnamurthy, learned Senior Counsel has contended that:
a. the consensual arrangement made for the year 2006-2007 is confined to the academic ... period alone and there cannot be a tacit consent and therefore, that consensual arrangement cannot be relied upon and given effect to the legislation unilaterally
statement
given by the victim girl herself prove that it is a consensual affair
between the petitioner and the victim girl, however, it has been ... POCSO Act can be redefined as
16 instead of 18. Any consensual sex after the age
of 16 or bodily contact or allied acts
alleged occurrence.
(ii) Admittedly, it had been a case of a consensual sexual relationship
between two consenting adults. Even as per the evidence ... accused was a married man
and that the relationship between them was consensual and they have a physical
relationship on several occasions. Further, the victim
visit her house. Thereafter they had sexual intercourse. Therefore, it
was consensual and no offence would be attracted against the appellant.
In support ... created a situation,
resulting in acquittal of the accused in cases of consensual
sexual relationship, where the gap in the age of accused and
that
Hence, the
seat sharing can be enforced against the petitioner college as
consensual arrangements. In support of his contention, he strenuously
relied upon the para ... submitted that the word “consensual arrangements”
is having highly significance. The relevant para runs as follows:
“128. We make it clear that the observations
married. They had physical relationship with
consent of both. Therefore, it was consensual sex and no question of any
offence under POCSO Act arises ... shelter. They had
physical relationship with consent of both. It amounts to consensual sex
and no offence is made out under the POCSO
must be interpreted to mean that unaided institutions can enter into consensual seat-sharing arrangements with the State. He submitted that in P.A. Inamdar ... imposed by the State but can only arrive at by a consensual arrangement which may be reached between the private unaided professional institutions
Special Judge, though derived a
conclusion that it is a case of consensual sex, found the consent
immaterial, since the prosecutrix was a minor. Left ... where the evidence on record has
clearly made out a case for consensual sex, as no where in the
examination-in-chief or her cross
