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In ..............., the English Court held that, the man who has connection with a child, relying on her consent, does it at his peril if she is below the statutable age.

  • A.R. Vs. Mrs. Tolson
  • B.R. Vs. Bishop
  • C.R. Vs. Prince
  • D.R. Vs. Wheat and Stocks

Answer: C

The case is R. Vs. Prince (1875).

Prince took a girl of 14 out of her father's possession, honestly and reasonably believing on her own word that she was 18. He was convicted of taking an unmarried girl under 16 out of her father's possession. The court held that a man who acts on such a belief does so at his peril; the offence did not require knowledge of the girl's age.

R. v. Tolson (1889) went the other way for bigamy, accepting an honest and reasonable belief that the husband was dead as a defence. R. v. Bishop and R. v. Wheat and Stocks are also mens rea cases, not this holding.

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