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person under
fear of injury, or under a misconception of fact,
and if the person doing the act knows ... under fear of injury and secondly
under a misconception of fact is not 'consent' at all. That is
what
Supreme Court of India
poor victim Binita
Kumari was put under misconception of fact
as promise to marry her by the accused ... under fear of injury and
secondly under a misconception of fact is not
consent at all.
That is what
Supreme Court of India
have been given by the
petitioner under a misconception of fact. However, the court did find that
prima facie material ... said to have given her consent under a
misconception of fact in terms of the provision as contained in Section
Jharkhand High Court
evidence does not always amount to a
misconception of fact at the inception of the act itself. In order ... come within the meaning of misconception of fact, the fact must
have an immediate relevance. The matter would have been
Gauhati High Court
with free will. There is no "misconception of fact" here so as
to attract Section ... whether
consent is voluntary or under a misconception of fact and whether a failure
to keep the promise
Kerala High Court
person under fear of injury,
or under a misconception of fact, and if the person
doing the act knows ... vitiated only if it is given under a
misconception of fact. A belief that the promise of marriage was
meant
Supreme Court of India
false right from the
beginning and under the misconception of fact the prosecutrix submitted to
the lust of the accused ... been given under fear of
injury or a misconception of fact, such consent obtained, cannot be
construed to be valid
Supreme Court of India
such a
case was not given under a "misconception of fact" as provided by
Section $0 of the Penal Code ... person under fear of injury,
or under a misconception of fact, and if the person doing the act
knows
Calcutta High Court
person under fear of injury, or
under a misconception of fact, and if the person doing the act
knows ... given under fear of injury,
or under a misconception of fact, is not a 'consent' at all. It is,
however
Gauhati High Court
cannot be said to be given under a misconception of fact. A false promise is not a fact within ... voluntary, or whether it is given under a misconception of fact. In the ultimate analysis, the tests laid down
Madras High Court
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