twenty-five
years, and had become pregnant as a result of a consensual relationship. The
appellant wished to terminate her pregnancy as “her partner ... appellant, being an unmarried woman, whose pregnancy arose out of a
consensual relationship, was not covered by any of the sub-clauses of Rule
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
NATURE
OF DECLARATION DECLARING THAT CLAUSE 3(b)(ii) OF THE
CONSENSUAL AGREEMENT DATED 04.10.2022 VIDE
ANNEXURE-J IS NOT BASED ON CONSENSUS ... academic year 2022-23,
the State Government had prepared draft terms of
consensual agreement and shared it with respondent
No.4, which is an association
made out against the applicant as complainant and applicant had consensual
sexual relationship. Consensual relationship between two male adults is not an
offence.
Learned counsel ... Ministry Of Law ,
reported in (2018)10 SCC 1 has contended that consensual sexual relation of
adults has been decriminalized by the apex Court
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
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
FOLLOWING:
6
ORDER
Lack of consensus among the contracting parties to
the consensual agreement dated 19.01.2022, in
interpreting and implementing its terms has brought this ... 20201/2014 and connected matters.
4. The 'consensual agreement' dated
19.01.2022 for the academic year 2021-22, entered into
among the 1st respondent
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
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
