rape with consent with a married women

ARVIND JAIN (Querist) 16 September 2008 This query is : Resolved
If in a rape case with a married woman, it is proved that it was with her consent, can the accused be held guilty of adultery U/S 497 IPC ? suo-moto by court or on the complaint of husband ?

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Manish Singh (Expert) 16 September 2008
a comlaint from the husband is a mandatory for this sectio. it can t be taken suo moto by the judge.

arunprakaash.m. (Expert) 18 September 2008
Court cannot take suo moto case of adultry. If the agrevied person (husband) files a petition then court will take cognizance of the matter.

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