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X and Y were childhood friends in the village. Both of them grew together and there was an understanding between them that they will eventually marry each other after X takes up a job in the city. X got a job and was to leave for the city. Before leaving for city, he made a promise to Y that he will be marrying her after he returns from city with sufficient money for marriage. On the basis of said promise, he had a sexual intercourse with Y with her consent, before leaving for the city. In the city X was attracted to another girl Z in his office and started evading Y. shocked by the conduct of X, Y filed a criminal complaint against X for prosecuting him for the offence of Rape. X pleads that such sexual intercourse was with the consent of Y, therefore, he has committed no offence. Decide with the help of legal provisions and judicial decisions. (20 Marks)
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