Consent & Offence of Rape

Sumitra and Sanjay were childhood friends in the native village. Thought they belonged to different castes, there developed an understanding between the two that once Sanjay got a job in the city, they would get married. On the basis of this understanding, they cohabited with each other several times. However, when Sanjay moved to Chandigarh and got a good job, he fell in love with one of his female colleagues. Soon thereafter Sanjay started avoiding Sumitra and finally refused to marry her. Shocked by the change in Sanjay’s attitude towards her, Sumitra files a criminal complaint alleging that she had been raped by Sanjay a number of times. Sanjay pleads that the sexual relationship was with the consent of Sumitra and, therefore, he has committed no offence. Decide in the light of recent amendment under the relevant provisions of the Indian Penal Code.