Consent given under ‘misconception of fact’ cannot be considered free, says Bombay HC

Refusing to quash an FIR against a man accused of rape by a woman he had sexual relations with after promising to marry her, the court said that “misguided” consent cannot be considered a free one.

The Nagpur Bench of the Bombay High Court refused to quash an FIR against a man accused of rape by a woman he had sexual relations with after promising to marry her, on the grounds that “misguided” consent cannot be considered a free one.

A bench of Justices AS Chandurkar and GA Sanap opined that sexual intercourse against the will of the complainant by obtaining her consent under the promise to marry could not be said to have been given freely.