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1 - 10 of 14 (0.29 seconds)The Code of Criminal Procedure, 1973
The Indian Evidence Act, 1872
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 417 in The Indian Penal Code, 1860 [Entire Act]
Uday vs State Of Karnataka on 19 February, 2003
In the case of Uday vs. State of Karnataka, 2003 (1) JCC 506,
the prosecutrix and the accused were deeply in love. They used to meet
often. She went out with the accused to a lonely place at night. The
accused had also made promise on more than one occasion to marry her. It
was held that in such circumstances, the promise loses all significance
particularly when they are overcome with emotions and passions and find
themselves in situations and circumstances where they, in a weak moment,
succumb to the temptation of having sexual relationship. This is what
appears to have happened in this case as well and the prosecutrix had
willingly consented to having sexual intercourse with the accused with
whom she was deeply in love but not because that he promised to marry
but also she desired it. In these circumstances, it would be very difficult to
impute to the accused knowledge that the prosecutrix had consented in
consequence of a misconception of a fact arising from his promise. The
observations made in the case supra have relevance in this case.
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Rohit Chauhan vs State Nct Of Delhi on 22 May, 2013
22. It was observed in the case of Rohit Chauhan vs. State NCT of
Delhi, 2013, Bail application no. 311/2013 dated 22.05.2013 in the Hon'ble
High Court of Delhi that there may be cases where both persons out of
their own will and choice develop a physical relationship. Many of the
cases are being reported by those women who have consensual physical
relationship but when the relationship breaks due to one or the other
reason, the woman uses the law as a weapon for vengeance and personal
vendetta and sometimes even to force the boy to get married to her.