Rape charges over fake marriage promise exist only if accused concealed details, observes HC  

Kerala High Court

Kochi: The Kerala High Court announced that a case of rape based on promise of marriage will not exist just because the man married another person after consensual sex with the complainant. The division bench clarified that the rape case will subsist only if it has been proved that the man gained consent by concealing relevant information from the woman.

The decision came up by approving the appeal of Idukki native Ramachandran (35) who was awarded imprisonment for life on a rape case for breaking promise of marriage.

The accused was in a romantic relationship with his relative for over 10 years and both had physical relationship thrice after deciding to marry from a temple. But, the accused married another woman later on April 8. Following this, Kottayam Additional Sessions court awarded imprisonment for life to the accused over the complaint filed by the woman who was betrayed by a fake marriage promise.

The complainant had never claimed that she was forced for physical relationship by the accused. However, the prosecution could not prove that the complainant was cheated by hiding real information by the accused. It has been clarified from the evidence produced by the prosecution that the parents of the accused had refused to give consent for the marriage without receiving dowry. This indicates that the accused had no intention to cheat the complainant while having a physical relationship. However, he could not keep up his words due to the opposition from parents, noted the court. Hence, the court declared that the accused has been exempted from the case under benefit of doubt.

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