instant case was a
Page 5 of 24
clearly case of consensual relationship; that the relationship
between the appellant and respondent No.2 could ... once did respondent No.2 file a complaint regarding the alleged
non-consensual sexual relations, and it is inconceivable that the
appellant would force himself
petitioner
Smt. K. Abhinaya would vehemently contend that a pure
consensual relationship between the two is projected to
become an offence of rape. She would ... alleged offence of rape, which has come about only on
consensual acts.
5. Per contra, the learned counsel appearing for the
complainant Sri D. Mohan
offences punishable under Sections 376 and 417 IPC inasmuch
as he had consensual sexual relationship with her for a long time
under the pretext / false ... conclusion that
the breach of promise of marriage and having consensual sexual
relationship pursuance to the same would not amount to
commission of the aforesaid
record, it is clear that this was a case
of a consensual relationship from the beginning. Even if the
case of the prosecutrix is accepted ... ultimately did not materialise. The appellant and
the complainant were in a consensual relationship. They are
both educated adults. The complainant, after filing
were friends and having relationship. All acts
in the relationship are consensual between petitioner No.1 and
the complainant, which went on for a period ... breach of
promise of marriage or love but are consensual acts. Learned
counsel would seek to place reliance upon plethora of
judgements, all of which
offence of rape.
9. The issue now would be, whether the consensual
relationship of the complainant and petitioner No.1 for six
years, would amount ... Court has drawn a distinction between
rape and consensual sex. This is a case of a prosecutrix
aged 19 years at the time
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
petitioner
Smt. K. Abhinaya would vehemently contend that a pure
consensual relationship between the two is projected to become an
offence of rape. She would ... alleged offence of rape, which has come about only on
consensual acts.
5. Per contra, the learned counsel appearing for the
complainant Sri D. Mohan
blackmail the petitioner
as the relationship with respondent No.3 was consensual,
knowingly that her marriage is subsisting with Mr.
Gagandeep, who was initially impleaded ... that the relation between petitioner and respondent No.3
was consensual in nature and was not developed after
.
obtaining the consent by false promise
learned counsel for the petitioner would contend that it
was a consensual act right from the year 2017 till 2022 and on
those consensual acts ... judgments of the Apex Court and this Court which have all held
consensual acts between the two cannot be dubbed to be a rape
under