Penal Code, 1860–Secs. 376 & 90–Consensual relationship or rape–Determination–If it is established and proved that from the inception, the accused who gave the promise to the prosecutrix to marry, did not have any intention to marry and the prosecutrix gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact–In such a case, such a consent would not excuse the offender and such an offender can be said to have committed the rape.
