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Supreme Court of India 2020-09-28 allowed

MAHESHWAR TIGGA vs THE STATE OF JHARKHAND

Bench: 3 — R.F. Nariman, Navin Sinha, Indira Banerjee

In Brief

An accused belonging to a Scheduled Tribe was convicted of rape after promising marriage to a Christian woman whom he later married another. The relationship developed consensually over years with letters and an engagement ceremony. The Supreme Court acquitted him, holding that consent given by a woman deeply in love on a promise of marriage that later fails due to known religious obstacles cannot be treated as fraudulently obtained consent. The misconception of fact (if any) must be proximate to the occurrence, not spread over years. Additionally, the defective Section 313 examination violated his right to a fair trial."

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Criminal Law Rape and Consent Misconception of Fact Defective Section 313 Examination Inter-Community Relationships

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