NDLI: Anurag Soni Vs. State of Chhattisgarh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss.90 375 and 376 rape on the pretext of marriage IPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Indian Evidence Act, 1872 (1 of 1872)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.90, 375 and 376 – Prosecution case that the prosecutrix was familiar with the accused-appellant since 2009 and there was love affair between them – Appellant established physical relation with her on the pretext of marrying her, however after keeping the prosecutrix and her family members in dark for about two months, the appellant refused to marry the prosecutrix and performed marriage with another girl – Sessions Court convicted the appellant for the offence u/s. 376, IPC – High Court confirmed the judgment – On appeal, held: Prosecution has been successful in proving the case that the promise given by the appellant to marry the prosecutrix was false and from the very beginning the appellant had no intention to marry the prosecutrix as his marriage with another girl was already fixed long back – Despite the same, he continued to give false promise and alluded the prosecutrix to give her consent for the physical relationship – Initially the prosecutrix resisted, however, gave the consent relying upon the false promise of the appellant that he will marry her – Her consent can be said to be a consent on misconception of fact as per s.90, IPC – Both the Courts below rightly held that the consent given by the prosecutrix was on misconception of fact and, therefore, the same cannot be said to be a consent so as to excuse the appellant for the charge of rape as defined u/s.375, IPC – Appellant’s conviction u/s.376, IPC, maintained – However, in the facts and circumstances of the case, sentence of 10 years’ rigorous imprisonment awarded by the courts below is reduced to seven years’ rigorous imprisonment – Indian Evidence Act, 1872 – s.114-A.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 503
Petitioner	Anurag Soni
Respondent	State Of Chhattisgarh
SCR	[2019] 6 S.C.R. 972
Judgement Date	2019-04-09
Case Number	629

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