Xxxxx vs State Of Kerala on 24 May, 2023
Author: Kauser Edappagath
Bench: Kauser Edappagath
relations
Bail Appln. No. 2529/17 Page 9 of 47
being consensual are all dealt with and the final settlement agreement
also indicated that ... innocent and the
physical relations between the prosecutrix and himself were
consensual and that whether they were on the pretext of a marriage
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
High Court has found that it was a case of consensual sexual
intercourse with the accused Ramen and when the victim threatened him that ... State has submitted that
it was not a case of consensual sexual intercourse. The High Court has
gravely erred in law in reversing the finding
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
validity and
constitutionality so far as it relates to non-consensual act against
adults, all acts of carnal intercourse against minors and act of
bestiality ... these words simply indicates that Section 375 IPC
which does not criminalize consensual carnal intercourse
1 AIR 2018 SC 341
Page 5 of 15
between
other remedies
V(iv) Conjugal expectation 117
V(v) Non-consensual sexual intercourse is not 118
labelled as "rape" to save the institution ... opposed to the criminalization of spousal sexual
offences, especially, non-consensual sex between spouses or those in spouse
like relationships. MWT does not contend that
wherein the
Hon'ble Apex Court held as regards rape or consensual sex that
intercourse under promise to marry constitutes rape only if from ... cohabit?
(2) Whether the victim was raped or whether the cohabitation was
consensual?
(3) Whether the victim was at all kidnapped or abducted to seduce
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
sexual act of the victim girl with the accused was a
consensual act, as such, it does not amount to rape.
Relying upon few judgments ... alleged incident and that the act of sexual intercourse was a
consensual act.
Learned Senior Counsel for the respondent/accused
further submitted that the consent