...doubt that there is commission of an offence. Even if there is consensual sex with a minor, it would amount to rape and consequentially, there is no case made out for enlargement on bail...age is not forthcoming and shall be a subject matter of trial. In any event, there was consensual sex between the petitioner and the complainant and she had willingly joined the complainant and stayed...Sections 366, 376, 417 read with Section 120B of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’, for brevity).3. The petitioner along with...

...including an offence of rape which is punishable under Section 376 of IPC. 3. On a reading of the complaint made by the petitioner, it is apparent that the petitioner had consensual sex with the accused an...according to the petitioner, she was married to one Mr.Selvanathan and she has been having extra marital affairs with the accused. In...

...VW, PW 6 had accompanied the appellant-accused Jarnail Singh of her own free will, and had had consensual sex with him, the same would have been clearly inconsequential, as she was a minor....accomplices. It may still have been understandable if the case had been that she had consensual sex with the appellant-accused alone. But consensual sex with four boys at the same time is just not...voluntarily remained with the appellant-accused Jarnail Singh. Therefore, sexual intercourse with the appellant-accused Jarnail Singh, according to the learned counsel, was also consensual. Thus viewed, it was...

...case of consensual sex. However, as that time prosecutrix was minor, her consent was immaterial and therefore, it amounts to rape." 10. Now, while dealing with the...clearly admitting that she was equally involved in the act of sex. The minor is not considered to be capable enough to give valid consent in the eyes of law for entering into consensual sex. No doubt, the age of co..., where the POCSO cases are tried. Despite a clear stand being taken by a female in such an act, that it was a case of consensual sex, the other part i.e. the male stand convicted under the POCSO Act with a specifc reasonin...

...learned counsel for the petitioner, to the effect, that the victim girl had eloped with the petitioner voluntarily and there has been consensual sex in between them, it would suffice to state that even if an intercourse ...consensual, still the act amounts to statutory rape inasmuch as the minor is incapable of giving her consent to the said act, hence any such consent becomes...seeks regular bail in connection with Kishanpur P.S. Case No. 186 of 2019 for the offence punishable under Sections 366A/34 of the Penal Code, 1860. 4. The case of the prosecution in brief...

...to Ashoka lodge kept her two days and sexually assaulted her. Though it is contended that they love with each other and it is a consensual sex, but the victim girl is a minor, under such circumstances...it cannot be held as consensual sex. Considering the above said facts and circumstances, I am of the considered opinion that the petitioner-accused has not made out any good grounds to release him on...registered. Subsequently, victim and accused have been traced and they came to know that the accused eloped the minor victim girl and kept in Ashoka lodge for two days and at that time, he had sexually...

...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...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...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...

...gains significance. The investigation in this case, though started that it is consensual sex with the minor girl on promise to marry later, in final report filed turned into rape by force against consent...occurrence, consensual sex with the woman above 16 years does not fall under the definition of Rape. 20. For the said reasons, this Criminal Revision Case is allowed. The...Section 376(1) I.P.C and 506 (ii) I.P.C, stating that, P.W-1 a minor girl aged 15 years, was enticed by the accused with sweet words on the last Sunday of the Tamil Month of Aadi and had forcible...

...in order to have sexual intercourse with her. From P.W1's evidence, it is discernible that the accused made false promises in order to satisfy his lust. Even consensual sex with a minor falls within...(Care and Protection of Children) Act, 2015, deals with the determination of age of a minor girl. Section 94, ibid., reads as under (2) In case...2015 dated 28.08.2017 thereby convicting the appellant u/s of POCSO Act and sentencing him to undergo R.I for seven years and to pay a fine of a sum of Rs.25,000/- with in default of 6 months simple...

...went along with the petitioner on her own, the same cannot be a consensual sex since she is a minor. Hence, I do not find any merit in the petition to enlarge the petitioner on bail by exercising...taken place on 18.05.2021. The victim is below the age of 18 years and she is minor under Section 2(d) of the POCSO Act. When the victim who was examined under Section 164 of Cr.P.C., before the...

.... The minor is not considered to be capable enough to give valid consent in the eyes of law for entering into consensual sex. No doubt, the age of consent has been kept on increasing by vario...female in such an act, that it was a case of consensual sex, the other part i.e. the male stand convicted under the POCSO Act with a specific reasoning, being supporting that ...below 18 being considered as minor, with a presupposed notion that she is not expected to indulge herself into a sexual activity and even if she does so, being an active...

...to 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, it amounts to rape." 10. Now, whil...enough to give valid consent in the eyes of law for entering into consensual sex. No doubt, the age of consent has been kept on increasing by various legislatures, after passing of the Age of Consent Act, 1891 and at present, it has...case of consensual sex, the other part i.e. the male stand convicted under the POCSO Act with a specifc reasoning, being supporting that POCSO Act was never intended to include consensual sex with...

...govern and regulate the consensual sex with minors. Under the Romeo and Juliet Clause, the Law will allow a person to have consensual sex with a minor provided they do not have more than ...." 16. The above decisions would make it clear that consensual sex between minors has been in a legal grey area as the consent given by a minor is not considered to be a valid consent i...house where the victim girl was staying when nobody else was there and had penetrative sex with the victim girl by apprising her that her mother would consent for their marriage if they had sexual...

...girl has not been established by the prosecution. The victim girl was in fact major at the time of accident and it was a consensual sex between two adolescent. The admission of the minor girl in the cross examination regard...has ventured to examine three witnesses on his behalf. 17. The victim being a minor girl, the plea that it was a consensual sex between two adolescent also, does not...the victim girl under Section 161 Cr.P.C., and thereafter, proceeded further and filed a final report against the appellant herein for having aggravated sexual offence with the minor girl...

..., though derived a conclusion that it is a case of consensual sex, found the consent immaterial, since the prosecutrix was a minor. Left with no option to come out of the rigors of Section 375, since the...of consensual sex, found the consent immaterial, since the prosecutrix was minor. Left with no option to come out of the rigors of Section 375, since the consent of the minor girl in cases of sexual...the natural feelings towards the opposite sex, particularly in the age which account for biological and psychological changes, punishing a minor boy, who entered into a relationship with a minor girl...

...prosecution has failed to establish that the Prosecutrix was minor. 10] As far as the theory of consensual sex which is sought to be argued on behalf of the Appellant is...that he committed sex 7/9 with her, the only defence which he take is that sexual indulgence was consensual...relationship was consensual in nature, it is sought to be argued by Ms.Bajoria that the Prosecutrix was residing in a chawl type structure with adjoining rooms and an attempt is made to rely upon the cross...

...the relevant point of time and therefore, "X" being a minor, the question of she having had consensual sex with the appellant cannot be a defence in a prosecution under the POCSO Act...: 4.1. In the year 2015, the appellant lured the victim girl "X" (P.W.2), who was 15 years old; had sex with her, made her pregnant and thereafter, left her in the lurch. The...." 4.3. When "X" was questioned by her mother (P.W.1) about this, she ("X") disclosed that the appellant lured her ("X") to have sex with him (appellant) on several days by...

...relevant point of time and therefore, she being a minor, the question of she having had consensual sex with the 18 accused...was in one sided love with him. He further contended that the learned trial Court has failed to appreciate the fact that the victim was not minor at the time of the incident and, therefore, the...appears that it was a case of consensual sex. However, since the victim was a child under the definition of the Act, therefore, she cannot give consent and even if she had given consent, the consent...

...Singh of her own free will, and had had consensual sex with him, the same would have 14 been clearly inconsequential, as she was a ...appellant-accused Jarnail Singh of her own free will, and had had consensual sex with him, the same would have been clearly inconsequential, as she was a minor. It is next...appellant-accused Jarnail Singh on 25-3- 1993 of her own free consent, and even if she had had sexual intercourse with the accused consensually, the same would be immaterial. For, consent of a minor is...

...placed by Learned Senior Counsel for the Appellant in Dr. Dhruvaram Murlidhar Sonar (supra) is of no assistance to the Appellant's plea of consensual sex as the matter deals with consensual sex between two...consensual act between the victim and the Appellant and the Appellant cannot be foisted with the offence of rape, for which reliance was placed on Dr. Dhruvaram Murlidhar Sonar vs. State of.... -------------------------------------------------------------------------------------- Appearance Mr. N. Rai, Senior Advocate (Legal Aid Counsel) with Mr. Yozan Rai and Ms. Tara ...