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Supreme Court of India 2018-09-18 partly_allowed

Prabhu @ Kulandaivelu vs State of Tamil Nadu

Bench: 2 — Banumathi

In Brief

The appellant was convicted of deceiving a woman into sexual intercourse by falsely promising marriage, and of causing her miscarriage without consent. The High Court acquitted him of rape but upheld convictions for cheating (Section 417) and unlawful miscarriage (Section 313). The Supreme Court confirmed the conviction for cheating but set aside the Section 313 conviction, finding that medical evidence showed the woman had consented to the pregnancy termination and there was no proof the appellant forced the abortion. The appeal was partly allowed.

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Criminal Law Rape and Sexual Assault Cheating Consent Evidence Medical Evidence Sentence

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