Refusal to marry a married woman after consensual sex no ground for rape: Kerala HC

The Kerala High Court said that the complainant is a married woman and she voluntarily had sex “with her lover” when she knew that she could enter into a lawful marriage with him as she was already married.

Shibimol KG

Thiruvananthapuram,UPDATED: Nov 25, 2022 14:58 IST

kerala hc

The court said, based on the detailed statement of the petitioner, it was evident that sexual relations were consensual in nature. 

By Shibimol KG: The Kerala High Court on Thursday said that refusal to marry an already married woman after engaging in a physical relationship cannot be treated as rape. The court made the observation while quashing rape charges against a Kollam native.

The case was that the accused sexually assaulted the petitioner several times in Australia and in the country under a false promise of marriage. She said in her petition that she consented to a sexual relationship after repeated promises of marriage by the accused.

The court said, based on the detailed statement of the petitioner, it was evident that sexual relations were consensual in nature.

READ | Patriarchal, sexist: Supreme Court comes down heavily on 2-finger rape test

“It is settled that, if a man retracts his promise to marry a woman, consensual sex they had would not constitute an offence under Section 376 of the IPC unless it is established that consent for such a sexual act was obtained by him, by giving false promise of marriage with no intention of being adhered to and that promise made was false to his knowledge,” the court said in its order.

See also  Woman lures civil engineer, tortures him in bid to extort ₹4 crore

Justice Kausar Edappagath said that the complainant here is a married woman and she voluntarily had sex “with her lover” when she knew pretty well that she could enter into a lawful marriage with him as she was already married. She was separated from her husband, but divorce proceedings were going on.

ALSO READ | In abortion rights ruling, Supreme Court bats for inclusivity

Quashing the case against the accused, the court said, “The basic ingredients of section 376 of the IPC are not attracted. There is also nothing on record to attract the ingredients of Sections 417 and 493 of the IPC.”

“There are no ingredients to attract the offence of cheating. There is no case for the second respondent that the sex they had was after inducing a belief in lawful marriage,” it added.

ALSO READ | All women, married or unmarried, have right to safe abortion under law, says SC

Source link

Leave a Comment