MINORITY INSTITUTION.
EXT.P8: A TRUE COPY OF THE CONSENSUAL AGREEMENT DATED 23/08/2012
EXECUTED BETWEEN THE 1ST PETITIONER AND THE GOVERNMENT ... ACADEMIC YEAR 2012-2013.
EXT.P9: A TRUE COPY OF THE CONSENSUAL AGREEMENT DATEAD 23/08/2012
EXECUTED BETWEEN THE 1ST PETITIONER
Xxxxx vs State Of Kerala on 24 May, 2023
Author: Kauser Edappagath
Bench: Kauser Edappagath
petitioner as well as the First Information Statement to
contend that consensual relationship and consequential
sexual intercourse had given the colour of non-bailable
offences ... defacto complainant, which continued for a
period of 7 years, is purely consensual and as such the
offence of rape would not attract, so also
learned
counsel for the petitioner submitted that the relationship is purely
consensual and going by the statements given by the defacto complainant ... live as husband and wife in Qatar.
Therefore, the relationship is consensual and the sexual intercourse is also
consensual. It is argued further that
allegations against the applicant at the most would
reflect only a consensual relationship between two adults, and
hence an offence of rape would ... stayed there for two
days. During the said stay, they had consensual sexual
intercourse multiple times. She further admitted that she had
consensual sex with
physical relationship on several
occasions; many of them were admitted being consensual, and
few of them were alleged to be non-consensual ... that
thereafter on 14/7/2022 or 15/7/2022, they had consensual sex at
a hotel viz. Royal Palace, Pattom, Thiruvananthapuram. She
further admits
accused that
the sexual intercourse he had with the victim girl was consensual,
the accused is guilty of the offence punishable under Section ... victim girl would
show beyond doubt that the sexual intercourse was consensual.
It was also contended by the learned counsel that if it is found
defendants
entered in appearance and the I.A. was heard. A consensual
order dated 16.12.2023 was passed whereby an amount ... have
been suffered by them. It is also contended therein that the
consensual order dated 16.12.2023 happened to be passed
since their counsel had conceded
Clause
19 of Ext.P1 provides that both parties to the Consensual
Agreement shall place the agreement before the Fee
Regulatory Committee and file ... ratification of the Admission Supervisory Committee. There is
no dispute that the Consensual Agreement was approved as
provided in clause 19. Petitioners joined the College
counsel, the relationship that the petitioner
had with the 2nd respondent was consensual. Neither of the parties
wanted to get married and their relationship ... clearly stated that the relationship that she had with the petitioner
was consensual.
5. The learned counsel would rely on the decision of the Apex
