Consent for sexual intercourse under misconception of fact is not free consent: Bombay High Court

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Consent for sexual intercourse under the misconception of fact is not free consent, the Nagpur Bench of the Bombay High Court held while refusing to quash a case against a man accused of raping and cheating a woman by establishing sexual relations with her under the guise of the promise of marriage (Navneet Ashok Bangalkar v. State of Maharashtra & Anr).

"In this case, the facts in the FIR and the conduct of the applicant would clearly show that the intention and the motive of the applicant were sinister," the order stated.

The Court further opined that this did not seem like a simple case of cheating, but was cheating coupled with the serious offence of rape.

"It can be gathered on the basis of the material that the applicant had hidden intention not to marry with the applicant once his sexual lust is satisfied," the Court stated while refusing to quash the FIR.