Can Mutual Intercourse Consider As Rape?

u/s 376 (2)(n) and 506 pretext of rape, everything is done mutually. FIR Brief: My brother had a relationship with a girl from 4-5 years, my brother and girl loved each other. They had intercourse so many times approx. 50 times, girl and we are... Read More

u/s 376 (2)(n) and 506 pretext of rape, everything is done mutually. FIR Brief: My brother had a relationship with a girl from 4-5 years, my brother and girl loved each other. They had intercourse so many times approx. 50 times, girl and we are neighbors, my brother also went to girl home and talked with their parents about marriage and they agreed, but 6 months ago few people of our society seen girl and boy together and they did panchayat in our area and said girl and boy in our village like brother and sister they can't marry and pressurized us. My brother and girl both agreed and decided not to marry and separated mutually, but my brother again approached girl and said he will marry her only, and they again did intercourse, and recently they had a fight and her parents and her complaint about my brother in police station u/s 376 2(n) and 506, can you please let us know what to do in this case? Few things we knew from the charge sheet: 1. The girl did not done Medical 2. They did everything mutually Question: 1. Can we quash the FIR as intercourse was done mutually? 2. What are the chances to win the case? 3. Should we go for compromise or fight the case? Kindly assist us.
Read Less

Answers (2)

Yes, you can quash in the HIGH COURT or you can face the trial.

Answered on 07 Jul 2019


Was this answer helpful?

Aditi Singh

Aditi Singh

  • Sector-1, Noida

No, Consensual physical relationship between partners does not amount to rape, the Supreme Court has held. A consensual physical relationship is not considered as rape until the girl is below 16 years.

Still not cleared with the information may be our experts in criminal law in India help you.

 

Answered on 11 Jul 2019


Was this answer helpful?

Didn't find the answer you are looking for?

Talk to experienced lawyer online and get your answered in minutes.

Advocate Varnita RastogiAdvocate Sumit JoshiAdvocate R. ArunkumarAdvocate Shilpi Chowdhuri+50