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Question

A music teacher committing sexual intercourse with a minor girl having obtained her consent for the same under the pretext that the same is required to improve her voice was held guilty of rape in _______________.
  1. R. vs. Catherine
  2. Ashby vs. White
  3. A. vs. Williams
  4. R. vs. Clarence

A
R. vs. Catherine
B
R. vs. Clarence
C
Ashby vs. White
D
A. vs. Williams
Solution
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The case of A vs. Williams (1923) is a landmark case on the issue of consent in cases of rape. In this case,a music teacher tricked her minor student of 16 years of age to consent to sexual intercourse on the pretext that it would improve her voice. When the plea of consent was raised, the Court observed that what the girl actually consented to was the surgery to improve her voice, which the teacher had convinced her about. She did not give her consent to sexual intercourse in the true sense of it. The Court here followed Section 76(2) of the Sexual Offences Act of 2003 which provides that if the defendant intentionally deceives the victim about the nature of the relevant act, it is a conclusive presumption that consent was not obtained from the victim. This is a classic case of consent obtained by misrepresentation as per Section 375 of Indian Penal Code, 1860.

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