Kerala High Court: False Marriage Promise Not Rape If Woman Continued Relationship After Knowing Man Was Married
The Kerala High Court has ruled that a rape charge based on a false promise of marriage cannot be sustained if the woman continued the relationship even after learning that the man was already married.
The court gave this judgment while hearing a petition to quash an FIR filed against a 33-year-old man under Sections 376 (rape), 406 (criminal breach of trust), and 420 (cheating) of the IPC.
Justice Kauser Edappagath, who delivered the verdict, said that consensual sex does not amount to rape unless it is proven that the man had no intention of marrying the woman from the beginning and had lied with that intention.
The woman alleged that between 2010 and March 2019, the man had a physical relationship with her at various locations across India and abroad under the false promise of marriage. She also accused him of taking Rs. 15 lakh and gold ornaments, which were never returned.
She claimed that she came to know around 2013-14 that he was married, but he told her that he was separated and seeking divorce. Despite this knowledge, the woman continued the relationship until 2019.
The man argued that the allegations were false, vague, and malicious, and that no offense had been committed. His lawyers also pointed out that the woman could not provide concrete details or evidence, such as hotel records, to support her claims of sexual assault.
The court observed that the relationship was clearly consensual and continued for many years even after the woman learned of the man’s marital status. The court also noted that both families had even discussed marriage, but the woman later backed out due to other concerns.
“There was no clear proof that the accused intended to cheat or had hidden motives,” the court said.
The court also referred to a Facebook post made by the woman, where no mention of rape or sexual assault was made, further weakening the case.
In conclusion, the High Court found no evidence to support charges of rape, cheating, or criminal breach of trust, and therefore quashed the FIR and criminal proceedings.
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