Kerala HC: Rape Allegation on False Marriage Promise Not Valid if Relationship Continued Despite Knowledge of Man’s Marriage
The Kerala High Court recently ruled that a rape allegation based on a false promise of marriage is not valid if the woman continued the relationship after learning the man was already married. The court quashed the FIR against a 33-year-old man, highlighting that the relationship was consensual.
The case stemmed from a petition by the accused to quash the FIR registered in 2019 under Sections 406, 420, and 376 of the IPC at Peramangalam Police Station. Justice Kauser Edappagath observed that the relationship appeared purely consensual, with no evidence that the promise of marriage was made with malicious intent.
The woman alleged that between 2010 and 2019, the accused had sexual relations with her under the false pretext of marriage, convincing her to pay him Rs 15 lakh and some gold, which he did not return. She discovered in 2013-14 that he was already married, but he claimed he was separated and seeking a divorce.
The court noted that beyond her statements, the woman provided no evidence to support her allegations. The court emphasized that the definition of ‘cruelty’ includes conduct causing mental pain that makes cohabitation impossible.
The court stated, “The conduct of the petitioner in making unwarranted, false, and baseless allegations against the respondent’s character and labeling him as an alcoholic and womanizer has resulted in damaging his reputation.”
The court concluded that there was no evidence of the man’s intention to deceive the woman. The court also noted that the woman continued the relationship after learning about his marriage. Consequently, the allegations of cheating and criminal breach of trust were deemed vague and unsubstantiated.
The Kerala High Court ruled in favor of quashing the criminal proceedings against the accused, stating that the relationship’s consensual nature and the lack of evidence of deceit invalidated the rape allegation.
Case Title: Sreekanth Sasidharan v. State of Kerala & Ors.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
