Breach of promise does not amount to rape on false promise of marriage: Kerala HC

Offence of rape on the false promise of marriage cannot be presumed just because the accused had a sexual relationship with the complainant and then married another woman, Kerala High Court

Kochi: The Kerala High Court has held that the offence of rape on the false promise of marriage cannot be presumed just because the accused had a sexual relationship with the complainant and then married another woman.

A Vandiperiyar native had filed an appeal against the sessions court verdict that sentenced him to life imprisonment in the case of rape on the false promise of marriage. The Division Bench of Justice Kauser Edappagath and Justice A Muhamed Mustaque set aside the conviction and acquitted the accused.

The offence of rape on false promise of marriage can be presumed only if having a sexual relationship by not disclosing truth, misconception or denying the woman the autonomy to take a decision on it, the HC held.