Supreme Court · 2003 INSC 109 · Decided 19 February 2003
Uday v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2003 INSC 109 · [2003] 2 S.C.R. 231
- Case number
- CRIMINAL APPEAL No. 336/1996
- Decided
- 19 February 2003
- Bench
- N. SANTOSH HEGDE, B.P. SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 90
Headnote
Penal Code, 1860-Sections 376 and 90-Rape-Prosecutrix aged 19 years alleging that accused was .having sexual intercourse with her, inducing A B to consent on the promise that he would marry her-Accused failing in his C promise and prosecutrix becoming pregnant-Complaint under Section 376- freely, voluntarily and consciously consented to having sexual intercourse with the accused and her consent was not in consequence of any misconception of fact-Also there is no evidence to prove that accused never intended to marry her thus conviction D set aside. Section 90-Consent
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