In Brief
The appellant was convicted of rape under Section 376 IPC after having sexual intercourse with the prosecutrix (a B.Pharmacy student) on the false promise of marriage. The Supreme Court held that although the prosecutrix initially consented, her consent was vitiated under Section 90 IPC as it was obtained on a misconception of fact—the appellant had no intention to marry her from the inception, having already fixed his marriage with another woman (Priyanka Soni). The Court confirmed the conviction but reduced the sentence from 10 years to 7 years rigorous imprisonment, holding that false promises of marriage to secure sexual consent constitute rape, not mere breach of promise.
The lawyer headnote and full judgment text are available to registered users.