Promise of marriage to married woman cannot be ground for rape: Kerala High Court

The Kerala High Court recently quashed a rape case against a 25-year-old man, saying that promising to marry an already married woman would not attract the provisions of rape under Section 376 of the Indian Penal Code (IPC). Will do A bench of Justice Kausar Edappagath made the observation while quashing a rape case registered […]
 


Promise of marriage to married woman cannot be ground for rape: Kerala High Court

The Kerala High Court recently quashed a rape case against a 25-year-old man, saying that promising to marry an already married woman would not attract the provisions of rape under Section 376 of the Indian Penal Code (IPC). Will do

A bench of Justice Kausar Edappagath made the observation while quashing a rape case registered under sections 376 (rape), 417 (cheating) and 493 (cheating) against 25-year-old Tino Thankachan, a resident of Punalur, Kollam, on November 22.

The prosecution’s case states that Thankachan sexually assaulted a woman on false promise of marriage, got married but separated from her husband and raped her on several occasions.

The court, in its judgement, noted that the victim voluntarily entered into sexual relations with her lover “knowing very well that she cannot enter into legal marriage with the petitioner, as she is a married woman”. A promise was made by the accused to the married woman that she may belong to him, that he may marry, it is a promise which is not enforceable in law. Such an unenforceable and illegal promise cannot form the basis of action under Section 376 IPC. Here, the question of promise to marry does not arise, as the victim is a married woman and she knew that the petitioner was not legally married. Therefore, the essential ingredients of Section 376 of IPC do not apply. There is nothing on record to attract elements of sections 417 and 493 of IPC. There are no ingredients to attract the offense of cheating,” the judge said. Told

The accused and the victim met through Facebook in Australia and their relationship turned into a love affair and they also decided to get married. However, the marriage could not take place. According to the woman listed as a respondent in the petition, she consented to physical relations on the promise of the petitioner that he would marry her.

Promise of marriage to married woman cannot be ground for rape: Kerala High Court