Misconception - Year 2015 - Judgments

Mar 26 2015 (HC)

Sachin @ Devendra Gajanand Sangray Vs. State of Gujarat and Another

Court: Gujarat

Decided on: Mar-26-2015

..... misrepresentation the misrepresentation shouuld be regrded as leading to a misconception of the facts with reference to which the consent ..... misrepresentation the misrepresentation should be regarded as leading to a misconception of the facts with reference to which the consent ..... intends to marry could be regarded as consent given under misconception of fact 28 on the specific question whether the .....

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Jan 13 2015 (HC)

Arti Rai Vs. The State of Jharkhand and Anr

Court: Jharkhand

Decided on: Jan-13-2015

..... held that the prosecutrix never consented to have sex under the misconception of the fact accordingly the court recorded the order of ..... in that manner can be said to have been given under misconception of fact their lordships after giving due consideration of the ..... contention that the consent of the complainant was obtained on a misconception of fact subsequently when more or less similar matter came .....

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Jan 06 2015 (HC)

Jaimon, C.No.1762, Central Prison, Kannur Vs. State of Kerala, Rep. by ...

Court: Kerala

Decided on: Jan-06-2015

..... consent if any was vitiated by any fraud or other vitiating circumstances and obtained by misconception or misrepresentation the evidence of pw1 will go to show that there was no misrepresentation ..... v state of bihar air2007sc3059 the hon ble supreme court has considered the scope of misconception for obtaining consent and observed as follows a representation deliberately made by the accused with .....

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May 06 2015 (HC)

Nandan Sadanand Bendarkar Vs. State of Maharashtra

Court: Mumbai

Decided on: May-06-2015

..... was given by the victim in consequence of fear of injury or misconception of fact thus the second part lays emphasis on the knowledge ..... the act itself in order to come within the meaning of misconception of fact the fact must have an immediate relevance the matter ..... to sexual intercourse is voluntary or whether it is given under a misconception of fact in the ultimate analysis the tests laid down by .....

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Aug 06 2015 (HC)

Som Dev Vs. State (NCT of Delhi)

Court: Delhi

Decided on: Aug-06-2015

..... promise to marry without anything more will not give rise to misconception of fact within the meaning of section 90 but a ..... by misrepresentation the misrepresentation should be regarded as leading to a misconception of the facts with reference to which the consent is ..... second and third prosecution witnesses were made to entertain a misconception was the fact that the second accused intended to get .....

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Oct 06 2015 (HC)

Md Kalim Ansari Vs. The State of Jharkhand and Anr

Court: Jharkhand

Decided on: Oct-06-2015

..... given her consent for sexual intercourse either under fear or under misconception of fact it was also contended that they had solemnized marriage ..... resistance and assent in order to come within the meaning of misconception of fact the fact must have an immediate relevance in the ..... the petitioner and her consent was not in consequence of any misconception of fact in the case uday vs state of karnataka .....

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Oct 15 2015 (HC)

Gaurav Shukla Vs. State

Court: Delhi

Decided on: Oct-15-2015

..... that such consent was not obtained voluntarily but under a misconception of fact and the accused right from the beginning never ..... believes the misrepresentation made to her and thereby forms a misconception of fact that the accused was definitely going to marry ..... by the victim a young unmarried lady in consequence of misconception of fact 15 various other serious allegations about physical and .....

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Oct 28 2015 (HC)

Sarathbabu Vs. The State Rep. by The Inspector of Police Valavanur Pol ...

Court: Chennai

Decided on: Oct-28-2015

..... the appellant and her consent was not in consequence of any misconception of fact 24 there is another difficulty in the way of ..... to believe that the consent was given in consequence of such misconception we have serious doubts that the promise to marry induced the ..... appellant knowledge that the prosecutrix had consented in consequence of a misconception of fact arising from his promise in any event it .....

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Mar 11 2015 (HC)

Vijay Kerketta Vs. The State of Jharkhand and Anr

Court: Jharkhand

Decided on: Mar-11-2015

..... to believe that the consent was given in consequence of such misconception we have serious doubts that the promise to marry induced the ..... appellant knowledge that the prosecutrix had consented in consequence of a misconception of fact arising from his promise in any event it ..... obtained the consent of the prosecutrix for sexual intercourse under a misconception of fact i e that he would marry her and .....

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Mar 12 2015 (HC)

Emarajan Vs. The State

Court: Chennai

Decided on: Mar-12-2015

..... to believe that the consent was given in consequence of such misconception we have serious doubts that the promise to marry induced ..... appellant knowledge that the prosecutrix had consented in consequence of a misconception of fact arising from his promise in any event it ..... appellant and consequently her consent was not in consequence of any misconception of fact 28 the hon ble supreme court of india .....

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