Rape--Consensual Relationship -- After Notarsized Marraige Refusal of Social Marriage Ceremony Does Not Establish Absence of Consent
A consensual physical relationship arising from a long-standing love affair, followed by a subsisting marriage, cannot be treated as rape under Section 376(1) IPC merely because the accused declined to perform a social marriage ceremony. The essential ingredient of absence of consent under Section 375 IPC must be established. Where the complainant herself admits to a subsisting marriage and voluntary cohabitation, the element of non-consent is not made out.
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