Consensual Sex even after refusal to marry does not amount to Rape

In a recent case brought before the Madras High Court, again the issue of of the victim during was raised. The petition was quashed by the Madras High Court where it was held that even after refusal to marry does not amount to .

Consensual Sex even after refusal to marry does not amount to Rape

The Court ruled that if the consent of sex is given by the prosecuterix , even after knowing the intention of the accused not to marry her, does not amount to rape. Her statement was recorded in Section 164 of Cr.Pc.

The issue was brought before Justice S.K. Awasthi who had a firm opinion that in such cases consent plays a major part. The prosecuterix was well versed with the intention of the accused that he won’t marry her still indulged into Consensual sex cannot be considered as a rape.

The Court further ruled that the prosecuterix was in deep love with the accused and wanted to remain with him at any cost.

It was held that in such cases the malafides should be considered and the intentions should be examined by the Court.

In the current case, the accused was held not guilty of rape as his intentions were clear since beginning that he won’t marry and did everything with the consent of the prosecuterix. Hence, it does not amount to rape.

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