Supreme Court · 2013 INSC 349 · Decided 20 May 2013
Deepak Gulati v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2013 INSC 349 · [2013] 6 S.C.R. 544
- Case number
- CRIMINAL APPEAL No. 2322/2010
- Decided
- 20 May 2013
- Bench
- B.S. CHAUHAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 365, 90; Evidence Act Section 114
Headnote
Penal Code, 1860 - ss. 376, 365 and 90 - Rape and consem;ua/ sex - Distinction between - Allegation that C appellant enticed the prosecutrix, wrongfully confined her and had sexual intercourse with her in lieu of his promise to marry her - Conviction of appellant by Courts below ulss. 365 & court must very carefully examine whether the accused had actually wanted D to marry the victim, or had ma/a fide motives, and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception - Distinction between mere breach of a
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