The petitioner’s detailed declaration, according to the court, made it clear that sexual contacts were consensual in nature.
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To Start With,
Please follow the post to know everything about the case of Promise of marriage made to a married woman no ground for rape. The Kerala High Court on Thursday exonerated a man accused of rape, ruling that Section 376 of the Indian Penal Code does not apply when a man promises to marry an already married woman and they engage in sexual contact afterward (IPC). The court has only one judge. In 2018, a rape case brought by the police in Kollam district was dismissed Judge Kausar Edappagath, who noted that it could not have been rape if the married woman had consented to having sex with the guy knowing full well that she could not legally wed him. Read: India successfully launches Vikram-S, first privately made rocket
According to the prosecution’s argument
The accused repeatedly sexually attacked the petitioner in Australia while she was there under false pretenses of marriage. She claimed in her petition that the accused repeatedly promised marriage in exchange for her consent to engage in sexual activity. Despite being married, the woman has transferred her divorce papers and is no longer living with her spouse. Read Also: 5-Foot Long Alligator Found in Giant Burmese Python Stomach- Florida, See Video
The court stated that it was clear that sexual encounters were voluntary in nature based on the petitioner’s thorough declaration. It stated that because the woman is already married and is aware that a legal marriage is not conceivable, the promise of marriage will not hold true in this circumstance.
The Decision by the Court
“A prosecution under section 376 of the IPC cannot be based on such an unlawful and unenforceable promise. There is no proof that the accused had intercourse after making the other person believe they were legally married. The court dismissed the case, stating that “there are no ingredients to draw the offense of cheating.
The Final Take
In a related case from last month, the same bench had ruled that if the lady knew the guy was already married and she continued to have sexual intercourse with him, the rape on false promises to marry would not stand. The lawsuit against a 33-year-old man from the state capital had been dismissed by the court.