Fact of the case :

The accused, Anurag Soni, was arrested after a written report was submitted by the prosecutrix with respect to rape committed by the accused person, upon her, on the pretext of marriage and that she was deceived by the accused. Subsequently, an FIR under Section 376 of IPC(S 69 BNS) was filed and registered and medical and other evidence was collected before the arrest was made. 

Upon completion of the investigation, a charge sheet was filed against the accused for the abovementioned offence under Section 376 of the Penal Code (S 69 BNS). The learned Sessions Court held that the accused was, under the Section, guilty of rape by misrepresentation of fact and the promise of marriage to the prosecutrix and therefore consent said to be given by the prosecutrix is not, in fact, consent. Thereupon, the accused was sentenced to 10 years of rigorous imprisonment. The accused appealed to the High Court where the appeal was dismissed and confirmed the order passed by the learned Sessions Court which convicted to the accused.

Issue involved: 

Whether the Courts below committed any error in holding the accused guilty for the offence under Section 376 of the IPC?

Held : The accused was held guilty of the offence of rape under Section 376 of the Indian Penal Code, 1860 (S-65 of BNS). However, his punishment was reduced to seven years from ten years on the request of his learned counsel. Consent of the prosecutrix was taken on the misconception of the fact that the accused shall marry her. 

The intention of the accused was not bonafide from the beginning. She became the victim of his lust. He promised and persuaded the prosecutrix to believe that he shall marry her. He obtained her consent on total misconception. If he didn't say that he will marry her, she wouldn't have given her consent for consensual sex. This consent is not consent. Hence, it is a clear case of cheating and deception.

The Supreme Court reiterated that the consent for sexual intercourse obtained by a person by giving false promise of marriage would not excuse him from rape charges”.