Rape -- False Promise of Marriage -- Consent vitiated where promise was deceitful from inception
(i) Indian Penal Code, 1860, S.376 -- Rape -- False Promise of Marriage -- Consent stands vitiated under Section 90 IPC where the accused, already married, conceals this fact and continues sexual relations by assuring marriage. Such a promise is false from inception and not a mere breach of promise arising from later hardship. Consent obtained on such false assurance is no consent in law, and delay of a few years in lodging the FIR does not by itself weaken the prosecution case.\r\n(ii) Indian Penal Code, 1860, S.313 -- Causing Miscarriage -- Absence of Medical Evidence -- Conviction cannot rest on the testimony of the prosecutrix alone where no documentary or medical evidence establishes that a miscarriage was caused without consent. The ingredients of the offence must be independently satisfied and cannot be presumed from the allegation.
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