Consent given under misconception of fact is on consent

Consent given under misconception of fact is on consent

 In Yedia Srinivasa Rao v. State of AP, Cr. App. No.1369 of 2004 the Supreme Court found that the accused had no intention of marrying the prosecutrix even when he was making the promise at the time of committing sexual intercourse. Even after her becoming pregnant he promised to marry her before the Panchayat. In fact he absconded from the village after making the promise. In such circumstances the Court found that there was no consent and the offence was rape. His conviction and sentence were upheld. [Yedia Srinivasa Rao v. State of AP, Cr. App. No. 1369 of 2004 decided on September 29, 2006]