Kochi: Kerala High Court observed that the allegation of rape on the false promise of marriage will not stand if the woman knew that the accused man was already married and continued sexual relationships with him.
The bench of Justice Kauser Edaggapath stated that any sex between such a couple can be termed as one on account of love and passion, not based on the false promise of marriage.
Addressing a case, the court order said that the petitioner and the accused were in a relationship since 2010 but the man got married in 2013. The couple continued sexual relationships in spite of the knowledge. "This would nullify the story regarding the sexual intercourse on the false pretext of marrying her. The alleged sex can only be termed as one on account of love and passion for the petitioner and not on account of misrepresentation made to her by the petitioner."
The court further said that consensual sex will not constitute an offence of rape under Section 376 unless it is established that the consent for the sexual act was obtained by giving a false promise of marriage with no intention of following through.
The bench passed the order on a plea moved by a man to quash the case registered against him for the alleged commission of offences punishable under Sections 406 (criminal breach of trust), 420 (cheating and dishonestly inducing delivery of property), and 376 (rape).
Kerala High Court has finally decided to quash the FIR as the petitioner knew about the marital status of the accused for 5-6 years and was still in a sexual relationship with him till 2019.