IPC, Section 376(2)(b) – Complainant had fallen in love with the appellant and that she needed a companion as she was a widow – Were having love affair and started residing together for quite some time – Appellant married some other woman – It is not her case that the complainant has forcibly raped her – She had taken a conscious decision after active application of mind to the things that had happened – Not a case of a passive submission in the face of any psychological pressure exerted and there was a tacit consent and the tacit consent given by her was not the result of a misconception created in her mind – Not a case of rape but consensual sex. – Do not make out a case against the appellant.
read HERE (2018)2 SCeJ 1918
.DR. DHRUVARAM MURLIDHAR SONAR V. THE STATE OF MAHARASHTRA, (2018)2 SCeJ 1918
