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1 - 10 of 19 (0.22 seconds)Section 90 in The Indian Penal Code, 1860 [Entire Act]
Section 375 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [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 of 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 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
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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....