The Kerala High Court ruled that if a woman continues a consensual relationship with a man even after learning that he is married, an allegation of rape based on a false promise of marriage is not sustainable. The court highlighted that a consensual relationship, without proof of deception, does not constitute rape.
The ruling came in response to a petition filed by the accused, seeking to dismiss an FIR filed against him in 2019. The man faced charges under Sections 406, 420, and 376 of the Indian Penal Code at Peramangalam Police Station.
Justice Kauser Edappagath quashed the case, stating that the relationship appeared consensual. “There is no evidence suggesting that the accused promised marriage with bad intent to deceive the woman,” said the court.
The woman had alleged that the accused had sexual relations with her between 2010 and 2019 under a false promise of marriage. She claimed that he induced her to give him Rs 15 lakh and some gold, which he failed to return, accusing him of cheating and criminal breach of trust.
In 2013-14, the woman learned that the man was already married. However, he told her he had been separated for over four months and was seeking a divorce.
The accused’s lawyer argued that the allegations were baseless and intended to defame his client. He claimed that there was no evidence supporting the accusations against his client.
The complainant’s lawyers, however, contended that her statement pointed to a serious case of sexual assault, making it inappropriate to dismiss the case under Section 482 of the Cr.P.C.
The court noted that the woman continued her relationship with the accused even after learning of his marriage in 2013-14, and there was no proof of him deceiving her at that time. Moreover, she could not provide sufficient evidence to substantiate her claims of sexual assault at various locations.
The court also highlighted that the woman’s parents had discussed marriage with the accused’s family, but she eventually backed out due to concerns over the man’s other relationships.
Referring to a Facebook post where the woman raised allegations, the court noted that there was no mention of sexual assault or rape. The allegations of cheating and criminal breach of trust were deemed vague, and Sections 406 and 420 of the IPC did not apply.
Ultimately, the court quashed the criminal proceedings against the accused.
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