IPC -376- rape- consent - for determining whether consent given by the prosecutor was voluntary or under a misconception of fact, no straitjacket formula can be laid down but following factors stand out;
(i) where a girl was of 19 years of age and had sufficient intelligence to understand the significance and moral quality of the act she was consenting to;
(ii) she was conscious of the fact that her marriage was difficult on account of caste considerations;
(iii) it was difficult to impute to the appellant knowledge the prosecutor had consented in consequence of a misconception of fact arising from his promise, and
(iv) there was no evidence to prove conclusively that the appellant never intended to marry the prosecutor.
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