Promise Of Marriage To A Married Woman Cannot Be Basis Of Rape: Kerala HC
The Kerala High Court on Thursday exculpated a man facing rape charges. It said that if a man promises to marry an already married woman and the subsequent physical relationship between them will not attract the provision of rape under Section 376 of the Indian Penal Code (IPC). A single bench of Justice Kausar Edappagath dismissed a rape case filed by the police in the Kollam district in 2018. The bench observed that if a married woman voluntarily has sex with a man knowing full well that she cannot legally marry him, it can be no rape. According to the prosecution case, the accused sexually assaulted the applicant several times in Australia by falsely promising marriage. She stated in her plea that she agreed to have sex after repeated promises of marriage by the accused. Altho...
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