Kerala HC: Rape Allegations on False Marriage Promise Unsustainable If Woman Continued Relationship Despite Knowing Man’s Marriage
The Kerala High Court has ruled that consensual sexual relations based on a promise of marriage do not constitute rape unless it is proven that the promise was made with false intentions and with no intention of fulfilling it. The judgment was issued while quashing a rape case filed against a 33-year-old man.
Court Observations
Justice Kauser Edappagath observed that the relationship between the accused and the complainant appeared consensual and lacked evidence of malicious intent to deceive. The court highlighted that the complainant continued the relationship even after learning in 2013-14 that the man was married.
The FIR, registered in 2019 under IPC Sections 406, 420, and 376, alleged that the man had sexual relations with the woman from 2010 to 2019 under the false promise of marriage. She also claimed he took ₹15 lakh and gold from her, which he failed to return.
Case Details
The accused argued that the allegations were false and malicious, while the complainant’s counsel claimed serious accusations of sexual assault. However, the court noted that specific details, such as dates and locations, were missing from the complainant’s statements.
The court also pointed out that the complainant continued the relationship even after learning of the man’s marriage and that no evidence supported claims of sexual assault in locations like Abu Dhabi or Chennai.
Court Ruling
The court stated there was no proof of malafide intentions or motives to deceive the complainant under the pretext of marriage. It also deemed the allegations of cheating and breach of trust as vague and ruled that IPC Sections 406 and 420 were not applicable.
The bench concluded that the criminal proceedings lacked merit and quashed the case.
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