..., there cannot be any amount of doubt that what happened on 05.09.2004, it was a consensual sex, not ‘rape’ as described by PW-1. If other conclusion is drawn, then the conduct of PWs.1 and 3 as well...testimonies of those witnesses are read together, it would be apparent that the victim and the petitioner had consensual sex and that cannot be termed as rape within the meaning of Section 375 of the IPC. Mr...shielding his offence. But the trial court has not examined that aspect of the matter at all. Therefore, from the circumstances, it has appeared before this Court that it was a pre-marital consensual sex...

...F.I.R. is treated to true then it can be a case of consensual sex and not of rape. The Court having perused the impugned F.I.R. finds that cognizable offence is made out against the...petitioner.Whether or not the sexual relation was consensual in nature can only be decided by evaluation of evidence by the trial court concerned. Therefore, this Court also finds no ground to show interference...Station- Bangarmau, District- Unnao as contained in Annexure-1 to this writ petition. (b) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no 3 not to...

...submitted by the learned counsel for the petitioner that it is a case of consensual sex and not of rape. 6. As to whether it is a case of consensual sex or rape, it ha...prosecutrix of genuine intention to marry also come within the definition of rape. 9. After having examined the submissions advanced by learned counsel for the parties and perused the...

...that there is absolutely no basis for the allegation of rape by the 2nd respondent, and it was only consensual sex between the parties. It is submitted that having regard to the allegations made, parties arrived at a settle...the case of the 2nd respondent before the High Court that there was absolutely no truth in the allegation of rape as alleged by the appellant and it was only consensual sex between the parties. It is...parties were in consensual sex for several years and in absence of any allegation against the 2nd respondent of committing rape subsequent to the agreement, there is no basis for such allegations. It...

...sex and not of rape. The opposite party no.4 is a married lady. She had left her matrimonial home because of demand of dowry by her husband and in-laws. She also filed an application for divorce. The...they were consensual or not can only be decided at the time of trial when evidence is dealt with. This Court sitting in the extraordinary jurisdiction of Article 226 cannot make any...that the petitioner no.1 had befriended the opposite party no.4 while he was working in Railway Coach Factory, Lalganj, Rai Bareli. The allegations in the FIR at best can be said to be of consensual...

...reading of the aforesaid statements would indicate beyond doubt that it is case of consensual sex and not rape. In the said circumstances, especially in the background of the case that the disputes...Public Prosecutor as also the learned counsel for the de facto complainant have affirmed the settlement. 5. It is trite that heinous and serious offences like rape cannot...be closed based on settlements arrived at between the parties. At the same time, there cannot be any dispute that a case of this nature can be settled, if the offences alleged are not made out from the...

...is that according to the medical examination, the alleged victim was found of about 19 years in age. The submission is that at the most this case is of consensual sex and not of rape. Counsel...observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 22.1.2015 Naresh Neu...

...and she is major and it is case of consensual sex and not rape. 4. A supplementary affidavit has been filed to show photographs of intimate relationship between the...whether the relationship was consensual or not can be considered only at the time of trial and after leading of evidence by both the parties. In so far as the question of quashing of F.I.R. is...) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to harass, detain or prosecute the petitioner in pursuance of the aforesaid impugned first information...

...case of Dhruvaram Murlidhar Sonar v. The State of Maharashtra (Criminal Appeal No. 1443/2018, decided on 22.11.2018) has held that the consensual sex will not amount to rape. Similarly...05.01.2021) has also observed that the consensual intercourse will not amount to rape. 6. Having regard to the facts and circumstances of this case, particularly looking to the facts that...has made consensual relations with her by giving the assurance of marriage; charge-sheet has been filed; petitioner is behind the bars since 22.12.2021; and trial will take time. With these...

...the case of Dhruvaram Murlidhar Sonar v. The State of Maharashtra (Criminal Appeal No. 1443/2018, decided on 22.11.2018) has held that the consensual sex will not amount to rape. Similarly...05.01.2021) has also observed that the consensual intercourse will not amount to rape. 7. Having regard to the facts and circumstances of the case and taking into account the.... No. 89/2021 Police Station Jaswantpura, District Jalore, shall be released on bail, if not required in any other case, provided he furnishes a personal bond of Rs. 50,000/- (Rupees Fifty Thousand) and...

...committed the rape but they had taken a plea of consensual sex with the prosecutrix which has not been believed by the two courts below. Enmity between the two families would not lead to such a serious con...menstruating during that period. No dead or alive spermatozoa was found. Doctor was not able to give any definite opinion regarding rape.9. The learned Sessions Judge, on...having committed rape on the prosecutrix at about 7.00 p.m on 23-7-1983 by the Fifth Additional Sessions Judge, Begusarai in Sessions Trial No. 94 of 1998 decided on 26-9-1991, who found them guilty and...

...years, the petitioner and the complainant are in close association and at most, it is a consensual sex but not a rape as alleged. It is further submitted that after lapse of four years and after his...establishes that there is consensual sex affair between the parties. After the marriage of the present petitioner, now the complainant is asserting that he cheated her by making a false promise of marriage..., it is alleged that she did not accept the same and in September, 2017 he secured her to room on the guise of providing notes and there he forcibly had intercourse with her and thereafter, consoled...

...witness. From her version itself, it is apparent that this is a case of consensual sex and not of rape. She is a grown up woman aged about 21 years. She did not tell anybody that she was pregnant nor...February, 1994 on more than a hundred occasions. This, obviously could not be a case of rape. There is no evidence worth the name against the other accused.4. In respect of the...window and then subjected her to forcible sexual intercourse. He assured the prosecutrix that he would marry her. He also told her not to tell about the incident to her maternal grandmother. After some...

...raped her.3. Appreciating the evidence of P.W.4, the trial Court acquitted the accused on the ground that it is a case of consensual sex. The trial Court also essayed its Judgment holding that P.W.4 has voluntarily s...intercourse with a woman against her will or without her consent. If it is absent, then it will be consensual sex, then it will not be rape. However, if the victim is a minor or mentally not alright or...administered with stupefying substance, whatever might be the age, question of consensual sex will not arise because they are incapable of giving consent. The prosecutrix/victim cannot be considered an...

...be construed as consensual sex as between the petitioner and the complainant. Hence, the alleged offences were not made out on the face of it.5. However, having regard to the definition of ‘rape’ whe...amount to rape. Therefore, it is for the petitioner to demonstrate that it was purely consensual sex and there was no such influence brought by him on the complainant in having committed rape. Therefore...petition.4. The learned counsel for the petitioner would try to point out that admittedly, there was a long-standing relationship which could not be construed as rape and it could at best...

...case of consensual sex. The allegations of rape was not believed. The court below has also found that there is material contradiction in the testimony of the prosecution witnesses in regard to demand...thereafter, the accused-respondent No.2 started demanding additional dowry. It has also come on record that the accused-respondent No.2 committed rape upon the prosecutrix by threatening her of not...have been taken of the evidence provides no ground for interfering with the order of acquittal unless the view taken by the trial judge is not a possible view. The court below has given cogent...

...seeking bail. The same has been rejected on the ground that, Ashwini was less than 18, and therefore, a minor and accordingly, has held that, even if there was consensual sex, it would be rape, as the consent of a minor wou...valid consent.5. The learned Counsel for the petitioner would point out that, apart from the fact there was consensual sex, the Parents of Ashwini did not...charge-sheeted. The petitioner having been taken into custody, on the footing that, he had compelled a minor to have sex with him and therefore, had committed rape, he had approached the Court below...

...treated to be a consent.” 9. From the above cited judgments of Hon'ble Apex Court, a position that emerges on the point whether consensual sex on the promise of marriage can be called rape or ...he denied to marry her. It is further alleged that on 10/10/2021 when prosecutrix was alone in her house applicant came their and committed rape with her. Thereafter he used to threaten and harass...the crime. It is alleged that lastly the applicant committed rape with the prosecutrix on 10.10.2021 while prosecutrix lodged the report on 10.11.2021. There is no plausible explanation regarding...

...) 18 SCC 191 has held that consensual sex on the pretext of marriage is not rape. Under these circumstances, present applicant deserves for grant of anticipatory bail...demand severa times. The prosecutrix has specifically stated in her statement under section 164 of Cr.P.c. that she does not want to take any further action against the applicant. The applicant is...statement under section 164 of Cr.P.C. that she does not want to take any further action against the present applicant, but she categorically stated that on the pretext of marriage, present applicant...

...consideration of the evidence holds that the possibility of consensual sex was established on the record and not of rape. This fact, coupled with the observations made by the learned Sessions Judge, is...ground that her conduct after the alleged sexual intercourse was not natural. The case of rape had been registered against the petitioner herein after about four months of the incident. At that point of...not refused to supply sample of his blood and as such, the petitioner was required to establish his relationship with the respondent by independent evidence. It had also been argued that the...