Supreme Court · 2023 INSC 85 · Decided 30 January 2023
Naim Ahamed v. State (Nct of Delhi)
- Court
- Supreme Court of India
- Citation
- 2023 INSC 85 · [2023] 1 S.C.R. 1061
- Case number
- CRIMINAL APPEAL No. 257/2023
- Decided
- 30 January 2023
- Bench
- AJAY RASTOGI, BELA M. TRIVEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 375, 376, 90; CrPC Section 276, 277; Evidence Act Section 114A
Headnote
Penal Code, 1860 - ss.375, 376 - Conviction u/s.376, when not justified - Plea of the respondents was that the prosecutrix gave her consent for sexual relationship under the misconception of fact, as the accused had given a false promise to marry her but subsequently he did not was no consent in the eye of law and the case fell under the Clause- Secondly of s.375 - Held: In the present case, the prosecutrix who herself was a married woman having three children, could not be said to have acted under the alleged false promise given by the appellant- accused or under
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