A PERSUADED HIS COLLEAUGE B TO HAVE SEXUAL INTERCOURSE WITH HIS WIFE AND TOLD THAT SHE IS A CONSENTING PARTY. B REFUSED, BUT A SOMEHOW CONVIENCED B. A INTOXICATED HIS WIFE AND INVITED B TO HIS HOUSE. B RAPED THE WOMEN AND THE WOMEN DID NOT RESISTED, AS SHE COULD NOT PERCEIVE RIGHT AND WRONG. THE PROSECUTION INITIATED. B ALLEGED AS WELL AS PROVED THAT HE WAS UNDER MISCONCEPTION THAT WOMEN IS CONSENTING PARTY.THE WOMAN DID NOT RESIST AT THAT TIME BECAUSE SHE WAS UNDER INFLUENCE OF LIQUOR.
Q. WHETHER THE PLEA OF B IS SUSTAINABLE IN THE EYES OF LAW.
IN THE CASE OF DIRECTOR OF PUBLIC PROSECUTION V/S MOGAN the accused was acquitted in the similar facts
