Legal Shorts

Legal Shorts: SC: Submission of body under fear of terror does not amount to “Consent”.

 

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“Consent”, Ss.375 & 376 IPC. – Consent for the purpose of Section 375 requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent. Whether there was consent or not, is to be ascertained only on a careful study of all relevant circumstances.

From the evidence on record, it cannot be said that the prosecutrix had given consent and thereafter she turned round and acted against the interest of the accused. There is clear credible evidence that she resisted the onslaught and made all possible effort to prevent the accused from committing rape on her.

Case:
State of H. P. Vs. Mango Ram.

Citation:(2000) 7 SCC 224: AIR 2000 SC 2798.

Bench Strength: – 3.
Coram: Dr. A. S. Anand, C. J. and R. C. Lahoti K. G. Balakrishnan, JJ.
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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