VidhiSangh

Supreme Court of India · 09/04/2019

ANURAG SONI versus STATE OF CHHATTISGARH

[2019] 6 S.C.R. 972 · 2019 INSC 503

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Summary

The Supreme Court maintained a rape conviction where the prosecution proved that the accused never intended to honour his promise of marriage and obtained the woman’s consent through that false assurance. A promise false from inception differs from an honest promise subsequently frustrated or a mere breach. Subsequent marriages of the accused and the woman did not erase the offence. The Court nevertheless reduced rigorous imprisonment from ten to seven years, the minimum applicable when the offence occurred.

Issues

  1. When a false promise of marriage vitiates consent.
  2. Whether the evidence established deception from inception.
  3. Whether subsequent marriages affected conviction or sentence.

Provisions considered

Held

Result

Appeal partly allowed only as to sentence: conviction under Section 376 IPC maintained; ten years’ rigorous imprisonment reduced to seven years.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 972.