clause ―Fourthly‖ of Section
375 IPC makes this position clear.‖
(Emphasis supplied)
29. Section 375 of the IPC, with clause ―Fourthly‖, thereto, reads
as under ... 2016, 1010/2017 & 1011/2017 Page 25 of 40
30. Section 375 ―Fourthly‖ has, therefore, two essential ingredients,
i.e. (i) that the prosecutrix
consented for sexual intercourse with him, clause "fourthly" of Section 375 of
IPC, could not be attracted, though appears to be very attractive ... complainant knew that accused was a married man,
clause "fourthly" of Section 375 of the IPC, has no application, but aforesaid
argument
that the case at hand was covered
by Clause "Fourthly" of Section 375 IPC and, therefore, was
guilty of the offence ... consented for sexual intercourse with him, Clause
"Fourthly" of Section 375 IPC would have no application. It
was also submitted that the fact
accused guilty in the light of the provision contained in Section 375 (Fourthly) of the India Penal Code. Learned Judge observed that the girl consented ... offence in view of the provisions contained in clause Fourthly of Section 375 of the India Penal Code.
9. On perusal of the provision contained
Supreme Court Cases 531 while
discussing the aforesaid Clause fourthly of Section 375 IPC observed even
though the complainant claim to have married the accused ... lawfully married the
complainant and a bare reading of Clause fourthly of Section 375 IPC made
the position clear and therefore the appeal filed
escape
his liability for the offence under Section 376 IPC
inasmuch, as the ingredients of Section 375 Fourthly IPC
and Section 493 IPC are akin ... read with section 120B of IPC. Relevant provision of section
375 , 493 and 495 of IPC is reproduced for ready reference:-
Section 375 IPC defines
consent of a woman for the sexual act. Clause 'fourthly' to
section 375 of the Penal Code addresses a situation where though ... adverting to the
facts of the case, prima facie, clause fourthly of section 375 of the
Penal Code seems to be attracted. Firstly, there
Section
5(1) of the Hindu Marriage Act, 1955. In such
circumstances, the offence would be covered within the
ambit of Section 375 fourthly ... consent is vitiated
by misconception of fact within the meaning of Section 375
fourthly IPC .
13. Furthermore, the reliance placed by the learned
counsel
second and fourth of Section 375 of IPC. Before
proceeding further, the provisions of Section 375 IPC may be reproduced
below ... rape, he answering the clause
fourthly of Section 375 , IPC. In other words, to attract Section 375(4),
consent had to be given under
circumstances of the case are considered in the
light of Section 375 Fourthly of IPC ., then it is clear that by marrying
respondent ... woman is obtained, then the case
would be squarely covered by Section 375 Fourthly of IPC . It is not a case of
false promise
