16. This Court considered the issue involved herein at
length in the case of Uday Vs State of Karnatka AIR
2003 SC 1639, Deelip Singh @ Dilip Kumar Vs State
of Bihar AIR 2005 SC 203; Yedla Srinivasa Rao Vs
State of A.P.., (2006) 11 SCC 615; and Pradeep Kumar
Verma Vs State of Bihar AIR 2007 SC 3059, and came
to the conclusion that in the event that the accused's
promise is not false and has not been made with the
sole intention to seduce the prosecutrix to indulge in
sexual acts, such an act(s) would not amount to rape.
Thus, the same would only hold that where the
prosecutrix, under a misconception of fact to the extent
that the accused is likely to marry her, submits to the
lust of the accused, such a fraudulent act cannot be
said to be consensual, so far as the offence of the
accused is concerned.....
16. This Court considered the issue involved herein at
length in the case of Uday Vs State of Karnatka AIR
2003 SC 1639, Deelip Singh @ Dilip Kumar Vs State
of Bihar AIR 2005 SC 203; Yedla Srinivasa Rao Vs
State of A.P.., (2006) 11 SCC 615; and Pradeep Kumar
Verma Vs State of Bihar AIR 2007 SC 3059, and came
to the conclusion that in the event that the accused's
promise is not false and has not been made with the
sole intention to seduce the prosecutrix to indulge in
sexual acts, such an act(s) would not amount to rape.
Thus, the same would only hold that where the
prosecutrix, under a misconception of fact to the extent
that the accused is likely to marry her, submits to the
lust of the accused, such a fraudulent act cannot be
said to be consensual, so far as the offence of the
accused is concerned.....