complaint was preferred and it also indicates it
is a consensual sex and hence, the sexual act alleged will not constitute
rape within the definition ... proof in aid of a charge of rape, and cases
of consensual sex on an alleged promise to marry. In cases of rape
consent on
misconception of fact and on consensual sex, which will be
referred to and considered hereinafter.
7.4 Now so far as the reliance placed ... appellantÂaccused that as it is a case of a consensual sex,
the Courts below have committed an error in convicting the
accused
cases of child sexual assault and abuse. By
criminalising private, consensual same-sex conduct, Section
377 IPC serves as the weapon for police abuse; detaining ... sex only for
procreation. It asserts that criminalisation of adult
consensual sex under Section 377 IPC does not serve any
beneficial public purpose or legitimate
signature.
Learned counsel for the appellant contended that latter, had
consensual sex with the prosecutrix who was above the age of 16
years ... plea was not taken by the
accused that he had consensual sex with the prosecutrix. So, these
judgments are inconsequential to the appellant
admittedly
major and the facts clearly demonstrate that they had consensual
sex with the applicants. Counsel for the applicants argued that in
the wake ... consensual sex with full understanding of the
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6 aba218.257.309.15.odt
complainants, no offence
Xxxxx vs State Of Kerala on 24 May, 2023
Author: Kauser Edappagath
Bench: Kauser Edappagath
capable of commission of rape and he could only commit
consensual sex with the prosecutrix.
Learned counsel for the appellants also rightly contended
that ... view of the matter, it must follow that in case of
consensual sex, injuries which were found on the person of the
prosecutrix
each side. There is a clear distinction between rape and consensual sex and in a case like this, the court must very carefully examine whether ... observed that there is a clear distinction between rape and consensual sex and, in such cases, it must be very carefully examined whether the complainant
allegations
are accepted, is that there was consensual sex over a prolonged
period of time and it is only for the above reason that ... counsel would submit
that the question turns around whether there was consensual sex
on the part of the complainant and whether she had consented
rape. Here, as discussed earlier it is
the case of consensual sex. However, as that time prosecutrix
was minor, her consent was immaterial and therefore ... effect that since it is the case of love
affair and consensual sex and, therefore, case of kidnapping
under Section
