Uday v. State of Karnataka [2003 SC] Notes | Study Current Affairs & General Knowledge - CLAT

CLAT: Uday v. State of Karnataka [2003 SC] Notes | Study Current Affairs & General Knowledge - CLAT

The document Uday v. State of Karnataka [2003 SC] Notes | Study Current Affairs & General Knowledge - CLAT is a part of the CLAT Course Current Affairs & General Knowledge.
All you need of CLAT at this link: CLAT

Trial court and High Court concurrently held  that though the prosecutrix had consented to sexual intercourse with the appellant  the consent was obtained by fraud and deception  inasmuch as the appellant induced her to consent on the promise that he shall marry her.

Decision by Supreme Court

Consent given by the prosecutrix to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on a later date, cannot be said to be given under a misconception of fact.

A false promise is not a fact within the meaning of the Code.

She had sufficient intelligence to understand the significance and moral quality of the act she was consenting to.

Despite this, she did not resist the overtures of the appellant, and in fact succumbed to it.

She thus freely exercised a choice between resistance and assent.

There is no evidence to prove conclusively that the appellant never intended to marry her.

Perhaps he wanted to, but was not able to gather enough courage to disclose his intention to his family members for fear of strong opposition from them.

The document Uday v. State of Karnataka [2003 SC] Notes | Study Current Affairs & General Knowledge - CLAT is a part of the CLAT Course Current Affairs & General Knowledge.
All you need of CLAT at this link: CLAT

Related Searches

video lectures

,

Extra Questions

,

mock tests for examination

,

past year papers

,

Sample Paper

,

Free

,

shortcuts and tricks

,

Semester Notes

,

Uday v. State of Karnataka [2003 SC] Notes | Study Current Affairs & General Knowledge - CLAT

,

pdf

,

Exam

,

Summary

,

study material

,

Viva Questions

,

Important questions

,

Uday v. State of Karnataka [2003 SC] Notes | Study Current Affairs & General Knowledge - CLAT

,

MCQs

,

Uday v. State of Karnataka [2003 SC] Notes | Study Current Affairs & General Knowledge - CLAT

,

Previous Year Questions with Solutions

,

practice quizzes

,

Objective type Questions

,

ppt

;