“ While examining the circumstances, it is to be kept in mind that sexual urge or passion for sexual intercourse is a natural human instinct of both the sexes after a certain variable age which continues for a long period in human life. Restraint and control of passion is a part of civilization. Where restraint falls short and passion becomes uncontrollable beastly quality in man or woman is revealed. Sexual acts and ancillaries there to arising passion are not made public in our society and as far as practicable are kept secret confined to the male and female involved in it. Even permissible sexual acts on account of marital relationship between husband and wife are not public and in some circumstances restraint is put by social customs. Where two persons of opposite sexes capable of sexual urge remain in exclusion, such urge becomes more natural and passion uncontrollable unless there is self restraint. This restraint may be on account of learning, training, difference in age, in economic position or social status or the like or existence of relationship which is a social prohibition for any sexual relation ship. Persons otherwise having scope of satisfaction of their urge on account of marital life restrain themselves to have extra marital relationship to avoid being shunned in the society in woman who is not the wife of accused, howsoever immoral may be, is not an offence unless it comes within any of the circumstances stated in section 375 I.P.C. (Rape).”(Hon'ble Justice S.C. Mahapatra in State of Orissa V/s. Beharia, 1992 Cri.L.J.3841 at page 3816 and 3818, para 11 and 20)
