amounts to rape. Here, as discussed earlier it is
the case of consensual sex. However, as that time prosecutrix
was minor, her consent was immaterial ... effect that since it is the case of love
affair and consensual sex and, therefore, case of kidnapping
under Section
certificate Ex.PD. Therefore, she was capable of giving her consent
for consensual sex with respondent No.2 (Rakesh). From the facts
and circumstances ... Rakesh)
at about 11.00 p.m. This is an indication of consensual sex having
been performed by the appellant with respondent No.2 (Rakesh
that the relationship between the appellant and the prosecutrix was a consensual sexual relationship and has resulted into a marriage (Nikah). It was stated that ... needs to be considered is as to whether the sexual relationship was consensual or forced? If the relationship is found to be consensual, this court
during crossÂ
examination to being in love with the appellant, having had
consensual sexual intercourse with him on a prior date and also
having ... wherein both appellant
and the prosecutrix were allegedly in love and had consensual
physical relations since long before the date of the incident
intercourse with the
appellant, the same could not be termed to be consensual. This
::: Downloaded on - 03/04/2018 22:58:13 :::HCHP ... minor. However, it
has not believed the story of consensual sex only on the ground
that the girl happened to be from remote area
bears her signature.
Learned counsel for the appellant contended that latter, had
consensual sex with the prosecutrix who was above the age of 16
years ... judgments, the plea was not taken by the
accused that he had consensual sex with the prosecutrix. So, these
judgments are inconsequential to the appellant
major. She
would further argue that this is a case of consensual
relationship where the prosecutrix out of her own free will and
::: Downloaded ... that
taking prosecution case at its best, this was a case of
consensual sexual intercourse, for which the appellant could
not have been prosecuted, more
circumstances under which she was recovered clearly depict that she had consensual relations with Deshraj, the appellant. She had neither been induced nor coerced ... disputed fact whether relationship of the prosecutrix with the appellant was consensual or not, we shall first examine the circumstances under which the prosecutrix
another sister, even then, she went with Shakeel. Hence, it was consensual fleeing with Shakeel and accusation against Shakeel was this that he handed over ... ever raised any protest. This also shows that it was a consensual act under her own volition. It was neither enticing nor kidnapping nor suggests
wanted to flirt with
the respondents nos. 2 and 3 followed by consensual sex. It
is not her case that the respondents ... this document
Chandigarh
CRA NO.D-564-DB OF 2013 8
consensual sex with them. If the appellant no.1 would have
been below
