Kochi: The Kerala High Court on Tuesday ruled that ending a relationship or marrying someone else does not automatically turn a past consensual sexual relationship into a case of rape.

Justice G Girish noted that if a man marries another person in search of “greener pastures,” it does not mean that a previous consensual relationship with another woman constitutes rape under the law.

The court was hearing a petition by a man accused under Sections 376 (rape), 493 (cohabitation by deceit), and 496 (fraudulent marriage ceremony) of the Indian Penal Code. The allegations claimed he had a long-term relationship with a woman, promising marriage, but later married someone else.

According to the prosecution, the relationship began in 2009 while the complainant was married with two children. After her husband’s death in 2013, the accused began living with her. The complainant believed they were married following a private symbolic ceremony in which he tied a knot on her gold chain. In 2014, the accused legally married another woman. Despite assurances to the complainant that he still considered her his wife, the relationship ended in 2017, after which she filed a criminal case alleging rape and fraudulent marriage.

The High Court observed that the relationship had been clearly consensual and was not induced by a fraudulent promise of marriage. It clarified that for a sexual relationship to be considered rape based on a false promise, it must be proven that the man never intended to marry from the outset and made promises solely to exploit the woman sexually.

The court also highlighted that the relationship began while the woman was legally married, weakening her claim of being misled into believing she would lawfully marry the accused. Citing Supreme Court rulings, it held that consensual intimacy based on emotional involvement or future intentions does not amount to rape unless deception is proven from the start.

Regarding the charges under Sections 493 and 496, the court said such cases require a formal complaint from the aggrieved person, which had not been filed.

The High Court subsequently quashed all criminal proceedings against the man.

IANS