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Kerala High Court Dismisses Rape Charges, Rules Consensual Sex Not Based on Misconception

The Kerala High Court recently dismissed criminal charges against a man accused of rape, ruling that the sexual relationship was consensual and not based on any “misconception of fact.” The woman alleged that the accused, a tempo van driver, raped her multiple times between 2005 and 2016. However, the court noted that no complaint was filed until 2017, long after the alleged incidents.

Justice A. Badharudeen observed that the woman and the accused engaged in a consensual relationship and there was no evidence to suggest that the relationship was based on false promises or deceit. The court found that the woman’s consent was voluntary, and the prolonged delay in reporting the crime cast doubt on the allegations.

The woman first met the accused in 2005 when her family hired his van for a trip to Kodaikanal. She claimed that he raped her in his van that same year and then continued to assault her in 2011, 2015, and 2016. The man was charged under Sections 376 (rape), 342 (wrongful confinement), and Section 66E of the IT Act (violation of privacy).

The man’s defense argued that the sexual relationship was fully consensual, as no complaints of rape were filed at the time of the alleged incidents. The court also referenced the 2023 Supreme Court ruling in Naim Ahmed v. State (NCT of Delhi), which emphasized that not every breach of a promise to marry constitutes rape. The court reaffirmed that consent obtained under false pretenses, such as a promise to marry with no intention of doing so, would invalidate consent, but found no evidence of such deception in this case.

In conclusion, the Kerala High Court quashed all charges against the accused, stating that there was no proof that the woman’s consent had been based on any false promise or misconception.

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