support of its
case examined PW 1 - Prosecutrix, PW 2 sister of Prosecutrix
and other witnesses. Prosecutrix was sent for medical
examination ... without her
consent". A consent obtained by
misconception while playing a fraud is not a
consent."
(IV) In another two Judge Bench decision
promise to the prosecutrix to marry, did not have any intention to marry
and the prosecutrix gave the consent for sexual intercourse on such ... Section 90 though does not define "consent", but describes what is
not "consent". Consent may be express or implied, coerced
Section 90 though does not define "consent", but describes what is
not "consent". Consent may be express or implied, coerced ... consent and submission. Every
consent involves a submission but the converse does not follow and a
mere act of submission does not involve consent. Consent
consent and submission. Every
consent involves a submission but the converse
does now follow and a mere act of submission
does not involve consent. Consent ... Such type of consent must be
termed to be consent obtained without her consent.
Consent obtained by deceitful means is no consent
and comes within
prosecutrix to marry her and on such
false promise he had a physical relation with the prosecutrix; the
prosecutrix initially resisted, however, gave the consent ... false promise by the accused to
marry the prosecutrix, the prosecutrix would not have given the
consent to have the physical relationship
prosecutrix narrated the
incident to her sister and lodged a report. Police after registering the
FIR recorded the statement of prosecutrix and other witnesses.
Prosecutrix ... consent. The act
seems to be consensual in nature.
25. It is also not the case that the consent
had been given by the prosecutrix
have serious doubts that the promise to marry induced the prosecutrix to consent to having sexual intercourse with the appellant. She knew, as we have ... firm and fine distinction between consent and submission. Every consent involves a submission, but every submission is not consent and the mere fact that
believe, that the consent was
given in consequence of such fear or misconception;
Consent of insane person.--if the consent is given
by a person ... which he gives his consent;
Consent of child.--unless the contrary appears from
the context, if the consent is given by a person
consent and free will and she was in
relationship with the petitioner over a significant period of time,
therefore, the consent of prosecutrix ... promise to the prosecutrix to marry, did
9
not have any intention to marry and the
prosecutrix gave the consent for sexual
intercourse on such
expression "consent". Section 90 , though, does not
define "consent", but describes what is not consent.
"Consent", for the purpose ... reads as under:-
"90. Consent known to be given under fear or
misconception - A consent is not such consent as it
intended
