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1 - 10 of 12 (0.35 seconds)Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 415 in The Indian Penal Code, 1860 [Entire Act]
Uday vs State Of Karnataka on 19 February, 2003
27. The appellant/accused was also convicted for the commission of
offence under Section 417 IPC. The scope of Section 417 IPC has been
considered in the judgment rendered by the Calcutta High Court reported in
2005 Crl.L J 3462, which in turn placed reliance upon Uday vs. State of
Karnataka, [2003 SCC 775] cited supra in the decision rendered by the Hon'ble
Supreme Court of India. The Hon'ble Supreme Court of India observed that the
victim, thus, freely exercised a choice between resistance and assent and she
must have known the consequences of the fact, particularly, when she was
conscious of the fact that their marriage may not take place at all on
account of caste consideration and on the facts of the case found that the
victim freely, voluntarily and consciously consented to have physical
relationship with the appellant and consequently, her consent was not in
consequence of any misconception of fact.