‘Promise of marriage is not a basis for rape’… High Court acquitted rape accused

Kerala High Court: The Kerala High Court has given a judgment that consensual sex under Section 376 of the IPC is an offense if a man reneges on his promise to marry a woman. will not happen The High Court also acquitted the rape accused on the same argument. A bench of Justice Kausar Edpagath was hearing a petition seeking quashing of further proceedings for offenses punishable under Sections 376, 417 and 493 of the IPC.

Justice Kausar Edpagath While dismissing the case of rape, the single bench also held that if a married woman voluntarily has sexual relations with a man, knowing that she cannot legally marry him, then it cannot be rape. Along with this, the prosecution says that the accused sexually abused the petitioner several times in Australia and the country under the false promise of marriage.

What did the petitioner say?< /p>

The prosecution has said in its petition that she agreed to have sex after the accused repeatedly promised marriage. The court said that it is clear from the detailed statement of the petitioner that the sexual relations were consensual in nature. It held that the promise of marriage would not survive the case, as the woman was married and she knew very well that legal marriage would not be possible under the law.

What did the court say?< /strong>

Dismissing the case, the court said, "Such non-compliant and illegal promise cannot be a ground for prosecution under Section 376 of the IPC. It is not a case that the accused has entertained the belief of a valid marriage." After this is to have sex. Nothing to attract the offense of fraud."

The court had given a similar verdict last month also.

Last month the same bench had pronounced a verdict in a similar case that "Rape on false promise of marriage will not be tolerated, if the woman knows that the man is already married and he continues to have sexual relations with her." The court dismissed the case against a 33-year-old resident of the state capital.

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