Mahershwar Tigga v. The State of Jharkhand, Criminal Appeal No. 635 Of 2020 - Synopsis
Team SoOLEGAL 30 Sep 2020

In the case, Mahershwar Tigga v. The State of Jharkhand, Criminal  Appeal No. 635 Of 2020, the Supreme Court held that in the case of rape misconception of fact about the promise to marry has to be in proximity of time to the occurrence. Also stated that the appellant had been acquitted of the charge under Sections 420 and 540 IPC. No appeal against the acquittal was preferred. Under Section 323 IPC, there is no medical evidence on record to support the conviction. According to Section 341 IPC, no offence is rendered against the appellant, taking into consideration the prosecutor's statement that she had gone to live with the appellant on her own for 15 days.

It was also held that as distinct from an involuntary action or denial, the consent of the prosecutrix was only a conscious and deliberate choice because of her deep-seated love for the appellant that led her to freely give him liberties with her body, which are only given to a person with whom one is profoundly in love according to normal human behavior.

Thus, the appellant was acquitted by the Supreme Court.


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