In Brief
A man promised marriage to a woman to obtain her consent for sexual relations, but had no intention to marry her from the outset; he later married another woman. The courts convicted him for rape under Section 376(1) IPC. On appeal, he contended it was consensual sex and merely a breach of marriage promise. The Supreme Court upheld the conviction, holding that consent obtained by false promise of marriage with no genuine intention to marry from inception is vitiated under Section 90 IPC and does not excuse rape. The sentence was reduced from 10 to 7 years' rigorous imprisonment. The appeal was partly allowed on sentencing alone.
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