Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sexual Intercourse False Promise of Marriage |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 376 and 417 - Conviction under- Of accused-appellant for deceitfully procuring consent ofPW1 for sexual intercourse on false promise of marriage -Justification - Held: Justified - Appellant committed deceitwith PW1 by promising to marry her - In the first instance, hehad forcible sexual relationship with PW1 and then told hernot to reveal the incident to anyone by assuring her, that hewould marry her - Subsequent acts of repeated sexualintercourse by appellant with PW1, were also actions ofactively cheating her by giving her the impression that hewould marry her - Obtaining consent by exercising deceit,cannot be legitimate defence to exculpate an accused - Aslong as commitment of marriage subsisted, relationshipbetween the parties could not be described as constituting theoffence of rape uls.376 - Things changed when appellantdeclined to marry the prosecutrix - After the promised alliancewas declined, PW1 without any delay disclosed the entireepisode to her immediate family - Without any further delay,the brother and father of PW1 approached the village elders- The village elders immediately summoned the appellantby holding a panchayat and made all efforts to settle the issueamicably but the appellant declined to marry PW1 -Thereafter, without any further delay, PW1 reported the matterto the police - No doubt in prosecution version, merely onaccount of delay in the registration of the FIR. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 376 |
Petitioner | Karthi @ Karthick |
Respondent | State Rep. By Inspector Of Police, Tamil Nadu |
SCR | [2013] 8 S.C.R. 1012 |
Judgement Date | 2013-07-01 |
Case Number | 601 |
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