BISWAJYOTI CHATTERJEE
Vs.
STATE OF WEST BENGAL AND ANOTHER
( Before : B. V. Nagarathna and Satish Chandra Sharma, JJ. )
Criminal Appeal No….of 2025 Arising Out of SLP (Criminal) No. 4261 of 2024
Decided on : 07-04-2025
Penal Code, 1860 — Section 376 — Rape — Consent — Misconception of Fact — Promise to Marry — Consent to sexual intercourse given by a mature individual, fully aware from the outset that the promisor is already married (though separated), cannot be deemed to be vitiated by a “misconception of fact” under Section 375 IPC merely based on a promise to marry after obtaining a divorce — Such knowledge precludes the necessary “misconception” and indicates a reasoned decision to engage in the relationship, especially when the relationship is prolonged and consensual.
