KAMLESH SAHADEO RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and the learned A.P.P. for the State.

(2.) THE applicant is arrested and is in custody since 22nd November 2007 in connection with the offence registered with Navaghar Police Station, Mulund, Mumbai under C.R. No. 213/2007 punishable under sections 417, 376 and 506 of the Indian Penal Code.

(3.) IN Uday v. State of Karnataka, reported in 2003 (4) SCC 46, the Supreme Court has held that the consent for sexual intercourse said to be obtained by false promise of marriage would be no consent but whether the consent was so obtained is a question of fact and the burden of proof of all aspects was on the prosecution. In para 21 of the judgment, the Supreme Court observed as follows:-