Rape -- Misconception of Fact -- Bigamy and Fraudulent Marriage Vitiate Consent to Intercourse--Criminal Conspiracy Established by Coordinated Conduct-- Conviction of Co-Accused Upheld
Consent to sexual intercourse is vitiated by misconception of fact where a woman cohabits solely on the belief of being a lawfully wedded wife, and that belief is induced by concealment of a subsisting marriage. Under Sections 494, 495, 496, and 376 IPC, proof that the accused projected the ceremony as a valid marriage suffices; strict compliance with customary rites is not required. Criminal conspiracy under Section 120B IPC may be inferred from coordinated conduct facilitating the deception.
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