SEX AFTER OBTAINING CONSENT BY FALSE PROMISE TO MARRY IS RAPE,

The  Supreme Court while dealing with the above subject observed

“The prosecution has been successful in proving the case that from the very beginning the accused never intended to marry the prosecutrix; he gave false promises/promise to the prosecutrix to marry her and on such false promise he had a physical relation with the prosecutrix; the prosecutrix initially resisted, however, gave the consent relying upon the false promise of the accused that he will marry her and, therefore, her consent can be said to be a consent on misconception of fact as per Section 90 of the IPC and such a consent shall not excuse the accused from the charge of rape and offence under Section 375 of the IPC"

Anurag Soni  Vs State of Chhattisgarh,  Crl. Appl. N. 629 OF 2019 decided on 9/4/2019 SC