ANURAG SONI versus STATE OF CHHATTISGARH

ANURAG SONI versus STATE OF CHHATTISGARH

If the accused never intended to marry and induced prosecutrix into sexual intercourse by a false promise of marriage, her consent is vitiated by misconception of fact per Section 90 IPC and the accused is guilty of rape under Section 375 and punishable under Section 376 IPC.

Parties
Appellant: Anurag Soni; Respondent: State of Chhattisgarh
Jurisdiction
India
Judgment Date
09 April 2019
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From High Court Conviction
Outcome
Conviction under Section 376 IPC upheld; sentence reduced from 10 years to 7 years rigorous imprisonment
Legal Topics
Rape, Consent on Misconception of Fact, False Promise of Marriage, Section 376 IPC, Section 90 IPC
Criminal Law Rape Consent on Misconception of Fact False Promise of Marriage Section 376 IPC Section 90 IPC

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Parties

Anurag Soni

Appellant

State of Chhattisgarh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From High Court Conviction

Legal Issues

  1. 1 Whether consent for sexual intercourse obtained by promise of marriage, where the accused never intended to marry, amounts to consent under Section 90 of IPC and can be grounds for conviction under Section 376 IPC

Ratio Decidendi

If the accused never intended to marry and induced prosecutrix into sexual intercourse by a false promise of marriage, her consent is vitiated by misconception of fact per Section 90 IPC and the accused is guilty of rape under Section 375 and punishable under Section 376 IPC.

Court Disposition

Conviction under Section 376 IPC upheld; sentence reduced from 10 years to 7 years rigorous imprisonment

Orders

  • Appellant’s conviction under Section 376 IPC maintained
  • Sentence reduced to seven years rigorous imprisonment