Rape victim voluntarily having sexual intercourse with someone else is immaterial in deciding rape case.
If the prosecutrix has opposed a sexual intercourse by any person, her disinclination or her refusal will tantamount to the male counterpart offending her physically and such intercourse committed against the will and the desire of the prosecutrix, would constitute an offence punishable under Section 376 of the IPC.
State of Maharashtra -Vs- Mahadu Dagdu Shinde, Bombay HC. Dt.01.03.2021.
(It amounts to Rape even if it was committed on a prostitute against her will).
