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1 - 10 of 17 (0.32 seconds)Section 90 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 375 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Chandra Shekhar vs The State Of Madhya Pradesh on 26 August, 2021
260, Abid Ali Vs. State of MP & Anr. passed on 18/5/2017 in
M.Cr.C. No.11363/2016 and a judgment passed by a coordinate Bench of
this Court in the case of Umesh Lilani Vs. The State of M.P. & Anr. passed
on 18/7/2019 in M.Cr.C. No.16158/2019 (Indore Bench) as well as the order
dated 28th March, 2022 passed by a Coordinate Bench of this Court in the case
o f Satendra Rathore vs. State of MP and Another passed in MCRC
45389 of 2021.
Anurag Soni vs The State Of Chhattisgarh on 9 April, 2019
In Anurag Soni v. State of
Chhattisgarh, this Court held: (SCC para 12)
"12. The sum and substance of the aforesaid decisions would be
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that if it is established and proved that from the inception the Accused
who gave the promise to the prosecutrix to marry, did not have any
intention to marry and the prosecutrix gave the consent for sexual
intercourse on such an assurance by the Accused that he would marry her,
such a consent can be said to be a consent obtained on a misconception
of fact as per Section 90 of the Indian Penal Code and, in such a case,
such a consent would not excuse the offender and such an offender can
be said to have committed the rape as defined Under Sections 375 of the
Indian Penal Code and can be convicted for the offence Under Section
376 IPC."
Mrs. Kamlesh Gulati & Ors vs Mr. Deepak Gulati & Anr on 1 September, 2022
Similar observations were made by this Court in Deepak Gulati
v. State of Haryana ("Deepak Gulati"): (SCC p.682, para 21)
"21. ... There is a distinction between the mere breach of a promise,
and not fulfilling a false promise. Thus, the court must examine whether
that was made, at an early stage a false promise of marriage by the
Accused....