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X, a newly married young and dynamic person at senior position in a multinational company and Y, a beautiful, sincere unmarried girl of advance thought were the friends at work place. Within short span of time they fell in love with each other. There was an understanding between them that they will eventually marry each other soon after settling all issues related to X’s marriage. On the basis of said promise many times he had sexual intercourse with Y with her consent at her house where she was residing alone. The wife of X was not ready to leave but X was trying hard to resolve his marriage issues. Y eventually considering this circumstance started liking another person Z at the same work place and there was a change in her behavior towards X. On realizing this fact X tried to compel her for sexual intercourse and they did it last time on 5.5.2011. Shocked by the conduct of X, Y filed a criminal complaint against him for prosecuting him for the offence of rape. X pleads that such sexual intercourse were with the consent of Y, therefore, he has committed no offence. Decide with the help of legal provisions and judicial decisions. Also explain if otherwise X can be prosecuted. (20 Marks)
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