HC on Sex on Marriage Promise: Kerala High Court Refuses To Quash Rape Case Against Man Who Withdrew His Marriage Offer by Saying ‘Sex Is Not Promise’
Kochi, December 13: The Kerala High Court has rejected a plea to quash a rape case against a police officer accused of making a false promise of marriage to the victim, leading to a sexual relationship under misleading circumstances. The accused had refused to marry the complainant by saying, “Sex is not a promise.”
According to the News18 report, a single-judge bench, led by Justice A Badharudeen, ruled that the consent given by the complainant was vitiated under Section 90 of the Indian Penal Code (IPC) since it was based on a false promise of marriage. The court emphasised that when a sexual relationship is established on the promise of marriage without genuine intent, the consent obtained is not valid. HC on Sex After Marriage Promise: Can’t Charge Man With Rape for Consensual Sex After He Refuses To Marry, Says Calcutta High Court.
According to the prosecution, the accused, a police officer and the brother of the complainant’s friend, developed a relationship with the victim in 2019. During the period when her marriage was postponed due to the COVID-19 pandemic, the accused allegedly promised to marry her. Based on this promise, the complainant engaged in multiple sexual encounters with him. The accused also interacted with the victim’s family, where discussions about marriage took place. However, the accused later retracted his promise to marry the complainant.
In January 2022, after the accused withdrew his marriage offer, the complainant filed a complaint with the police. The complaint further alleges that the accused threatened to release her nude photographs if she did not withdraw the case. Will Government Criminalise Marital Rape? No Proposal To Criminalise Sex Between Husband and Wife, Says Minister Bandi Sanjay Kumar.
The accused sought to have the case dismissed, arguing that the relationship was consensual and that no rape occurred. His counsel, Advocate K. Siju, cited previous legal precedents, including the Deepak Gulati v. State of Haryana (2013) and Shambhu Kharwar v. State of Uttar Pradesh (2022), asserting that a consensual relationship based on a promise of marriage does not amount to rape unless the promise was false from the outset.
However, the Public Prosecutor contended that the accused deliberately misused the promise of marriage to obtain consent for sexual intercourse, thus vitiating the consent under IPC Section 90. The prosecutor also highlighted the threat to release intimate photographs as additional harassment.
The Kerala High Court agreed with the prosecution’s argument, ruling that the case should proceed to trial. The court maintained that consent obtained through a false promise of marriage, made without genuine intent, is invalid under the law.
(The above story first appeared on Today News 24 on Dec 13, 2024 08:01 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website todaynews24.top).
