SUPREME COURT OF INDIA – WHETHER CONSENSUAL SEX WITHOUT ANY DELIBERATION ABOUT MARRIAGE IS WITHIN THE DEFINITION OF RAPE?

Supreme Court of India

Date of Judgement: 06.01.2016

The Supreme Court has observed that if no deliberation about marriage between the prosecutrix and the accused took place before the alleged sexual contact which was consensual, it cannot be said that the consent has been given under misconception of marriage, while acquitting the accused from all the charges against him.

In this case, Trial Court had acquitted the accused from all the charges. On appeal, High Court though did not interfere with the findings of Trial court as regards the offence of rape, convicted the accused under Section 420 and 506 of IPC.

Source: LiveLaw

Click Here To View Full Text Of Judgement

Share this post:

Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

You may also like...