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Supreme Court of India 2023-01-30 allowed

NAIM AHAMED vs STATE (NCT OF DELHI)

Bench: 2 — Ajay Rastogi, Bela M. Trivedi

In Brief

A married woman with three children had a consensual sexual relationship lasting five years with a neighbour. When he did not marry her, she filed a rape complaint, claiming he promised marriage under false pretences. The Supreme Court acquitted the accused, holding that her consent could not be treated as vitiated under misconception of fact. The Court clarified that a mere breach of promise to marry differs from a false promise made with no intention to marry from the outset. Her maturity, the duration of the relationship, her acceptance of paternity, and her obtaining divorce later indicated voluntary consent, not deception-induced compliance. The judgment also directs courts to record witness evidence in the original language or properly translate it, not merely transcribe in English.

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Criminal Law Rape Consent Section 375 IPC Section 90 IPC Evidence Procedure False Promise to Marry Misconception of Fact Code of Criminal Procedure

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