ISSUE:
Whether the appellant could be held liable for the offense of rape under section 375 of the IPC?
RULE:
The consent does not merely mean hesitation or reluctance or a “No” to any sexual advances but has to be an affirmative one in clear terms.
In the present case, the appellant has not been communicated, or at least it is not known whether he has been communicated that there was no consent of the prosecutrix.