Supreme Court of India

Naim Ahamed v. State (nct of Delhi)

Neutral citation
Reported as [2023] 1 S.C.R. 1061
Bench Ajay Rastogi and Bela M. Trivedi JJ.
Decided 30 January 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons stated above, the impugned judgments and orders passed by the High Court and the Sessions Court are set a side, except the direction for the payment of compensation to the prosecutrix.

Judgment, page 18

From the headnote

Penal Code, 1860 – ss.375, 376 – Conviction u/s.376, when not justified – Plea of the respondents was that the prosec utrix gave her consent for sexual relationship under the misconception of fact, as the accused had given a false promise to marry h er but subsequently he did not marry, and therefore such c onsent was no consent in the eye of law and the case fell under the Clause- Secondly of s.375 – Held: In the present case, the prosecutr ix who herself was a married woman having three children, could not be said to have acted under the alleged false promise given by the appellant- accused

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