<<Khushboo Gautam>>

Intern at ubAdvocate
Email - gkhushboo646@gmail.com
Contact no - 9997009528

Legal opinion
Consensual sex not rape

In the case of ram Bahadur v use who was a girl of majority and was of sound mind
will not constitute an offence of rape and Ram Bahadur can seek remedy under section 482
of Criminal procedure code by which the FIR of the complainant can be quashed by the
order of the high court.
According to the facts of the case Ram Bahadur is a college student who is preparing
for cili service exam and Usha who is a medical student fallen in love with each other.
Both being adult and despite the knowing the repercussion of their conduct entered
into a physical relation and established such relation several time during the tenure of 1 year.
There was no resistance on the part of girl to such relation nor the girl ever complaint about
such act to any one.
Ram after qualifying the entrance exam refused to marry Usha on the pretext that she is
from low caste and his parents are not ready.
In such a state of affair Usha cannot le a case of rape against Ram as the relation was
not made on the false promise of marriage and they both being an adult had entered into
such relation nor Usha asked Ram before establishing a relation that he will marry her or not.
Sexual relation between two consenting adult is not rape.
By taking into consideration the ruling which has been laid down in the case of Pramod
Suaryabhan Pawar v. State of Maharashtra
The supreme court have held that the high court failed in this case to distinguish
between consensual sex and rape.
The breach of promise can not be termed as false promise of marriage. There are two
conditions which are necessary to be ful lled for false promise of marriage which are as follow
1) the promise must be made with bad faith

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 2) The promise should have direct nexus to their relation
In the matter of ram Bahadur there was no promise which was made between the
couple of marriage and there was no nexus or connection which was present between the
promise and relation. Therefore the accused can seek relief from high court under section
482 of Criminal procedure code for the quashing of FIR at the initial stage.
In the above illustration on offence of rape is constituted and the accused Ram Bahadur
can take a defence of consensual sex which does not amount to rape.
This opinion is based on the Youtube video https://youtu.be/40i7GsQL8k of Jeevan
Prakash, AOR, Supreme Court.

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