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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
PARTHIVJYOTI SAIKIA
Prosanta Bora S/o Shri Jayram Bora @ Khadlora Bora – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. appellant's conviction and circumstances of the case. (Para 2 , 3 , 4 , 5) |
| 2. the essence of consent in the context of false promises. (Para 7) |
| 3. definition and interpretation of consent regarding sexual intercourse. (Para 8 , 9) |
| 4. judicial opinion on consent under a promise of marriage. (Para 10 , 12 , 13) |
| 5. conditions for establishing cheating under ipc concerning consent. (Para 11 , 15 , 18) |
| 6. impact of promise of marriage on the notion of deception. (Para 19 , 21 , 22) |
| 7. importance of intention behind promises in legal interpretation. (Para 20) |
| 8. conclusion on the acquittal of the appellant. (Para 23 , 24 , 25 , 26) |
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. N. Barua, learned counsel as well as Mr. S. Das, learned Amicus Curiae appearing for the appellant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam.
2. This is an appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment and order dated 17.01.2012 passed by the learned Addl. Sessions Judge, Jorhat in Sessions Case No.2 of 2006. The appellant was convicted under Section 417 of the INDIAN PENAL CODE and was sentenced to undergo simple imprisonment of six months.
3.
Consent obtained through a promise of marriage does not constitute a misconception of fact unless it is proven to be made with deceitful intent. Acquittal is warranted when victim's autonomy and impl....
While we reiterate that a promise to marry without anything more will not give rise to "misconception of fact" within the meaning of Section 90, it needs to be clarified that a representation deliber....
Consent obtained through a false promise of marriage can vitiate consent under IPC, but mere breach of promise does not constitute rape; the context and intentions of both parties must be carefully e....
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
The main legal point established in the judgment is that a false promise of marriage leading to sexual intercourse constitutes rape under Section 376 of the Indian Penal Code, and the validity of con....
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
A false promise of marriage, given in bad faith and with no intention of being adhered to at the time it was given, would constitute a misconception of fact vitiating the woman's consent.
The validity of consent in cases involving a false promise to marry and the application of Section 90 of IPC to determine the impact of a false promise on consent.
Refusal to marry after a consensual relationship does not constitute cheating under Section 417 IPC without evidence of fraudulent intent at the time of the promise.
Consent obtained under a false promise to marry does not constitute valid consent for sexual acts; the court must evaluate the intention behind the promise and the circumstances surrounding the conse....
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