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
contend that the relationship
of the petitioner with the complainant was purely
consensual as both met on a dating app and later on,
getting acquainted ... that has to be
investigated into. The act of it being a consensual or
otherwise, is a matter of trial and the petitioner
been made out. Such violence, if at all in an
otherwise consensual sexual relationship, would not make the same
an offence of rape. The mere ... accused, such a fraudulent act cannot be said to be
consensual, so far as the offence of the accused is
concerned.
20. Rape
petitioner and the defacto
complainant developed friendship and thereafter they were having consensual
sexual intercourse from the year 2011 to 2021. Merely, because the marriage ... case cannot be quashed merely on the
ground that the accused had consensual relationship. The intention to deceive
can be gathered only at the time
appellant has made his submissions as under:-
(i) A clear case of consensual affair between two consenting
adults has been projected as the case ... promise of
https://www.mhc.tn.gov.in/judis
11
marriage, had consensual intercourse with the prosecutrix therein. He
would submit that even
account of this relationship
they had consensual sex. He would also contend that a
complete reading of the evidence ... without resistance for long time was sufficient
12
to hold it was consensual sex. He would contend that
the medical evidence negatives the allegation
below:
"20. Thus, there is a clear distinction between rape
and consensual sex. The court, in such cases, must very
carefully examine whether ... clandestine motives, it is a clear case of
rape. The acknowledged consensual physical relationship
between the parties would not constitute an offence under
Section
together would only go to show that it was only
a consensual physical relationship. The evidence of the prosecution
itself would go to show that ... more than 30 times
thereby suggesting that the relationship was mutual and consensual.
Further taking into consideration the love affair being spread over a
period
complainant) or mother of the accused, is not
forthcoming. Therefore, it was consensual sexual
intercourse between the accused and the victim ... jurisdictional Police. This also clearly depicts that she all
along had consensual sexual intercourse with the accused
on many occasions from 13.1.2009 to 2.9.2009 without
appellants would submit his arguments as
under:-
(i) A case of consensual relationship between the parties has
been falsely projected as a case of rape ... 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
