Kerala High Court has explained the difference between consensual sex and rape during the hearing of a case. The court has commented that if a woman welcomes the prospect of sex from her partner, only then can it be considered sex by mutual consent. Otherwise it would be classified as rape.
The Single-Judge Bench of Justice Manoj Kumar Tewari, after hearing the submission from the respective parties on Friday, disposed of the plea with liberty to the woman to make an application for a grant of fresh license for a petty diesel retail outlet.
In such circumstances, the bench failed to appreciate as to how the plan/map submitted by the petitioners for reconstruction/carrying out major repair work of the building for commercial purpose could have been rejected.