Arrested from brothel, is not Rape when prosecutrix is adult and no Mens rea attributed.

Arrested from brothel, is not Rape when prosecutrix is adult and no Mens rea attributed.

_Mesn rea on part of accused - inference as to- Accused along with two other women accused and victim,caught from brothel run by said women - Prosecutrix a fully growth up girl admitted to be in business of prostitution much prior to date of Incident- On day of incident also prosecutrix agreed to have sex with accused for monetary consideration - No evidence that Accused committed sexual intercourse against wish and desire of prosecutrix - No element of deception or compulsion exists in case- No mens rea can be inferred on part of Accused  so as to constitute offence of rape u/S.375 IPC - Though accused could have been prosecuted under Immoral Traffic Act, acquittal under the same is not challenged - Therefore, accused cannot be Convicted.

_Case:_
_*Muskan Shaikh Rashid @ Rafiq. Vs.State of Maharashtra

_Citation:_ *_2017 ALL MR (Cri) 2722