Consent Obtained For Sex In Second Marriage Without Disclosing First Marriage Prima Facie Constitutes Rape

Case: Siddharth Banthia v. State of Maharashtra and Anr.

Coram: Justice N.J. Jamadar

Case No.: Writ Petition No. 3527 of 2021

Court Observation: “Where there is knowledge on the part of the man about he being not the husband of the prosecutrix and the consent is on account of such mistaken belief that he is her husband and a belief on the part of the prosecutrix that she is the wife of the man.”

“It is trite that once a charge is framed, the scope of interference by the High Court, even in exercise of extraordinary writ jurisdiction, gets constricted” “If the aforesaid twin conditions are prima facie made out then the challenge to the prosecution on the ground that the physical relations were with the consent of the prosecutrix does not merit acceptance”

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Keywords

Consent Obtained For Sex, Without Disclosing First Marriage, Constitutes Rape