Kerala HC Acquits Man Convicted For ‘Raping’ A ‘Well-Educated’ Lady On The Pretext Of Marriage [Read Judgment]

Even a common lady or an uneducated lady cannot be deceived more than once or twice on a promise of marriage, said the  Court.

The Kerala High Court has acquitted a man convicted for ‘raping’ a 27-year-old ‘well-educated’ woman by giving false promise of marriage.

Justice P Ubaid found it quite unbelievable that an engineering graduate could be easily deceived on a marriage promise on many occasions, three or four of which were at her residence, when her parents were away.

“Even a common lady or an uneducated lady cannot be deceived more than once or twice on a promise of marriage,” the court said.

The allegation against the accused was that he took the lady to a hotel at Ernakulam, where he subjected her to sexual intercourse in a room with force, and thereafter, on three occasions at her residence also he, thus, subjected the lady to sexual intercourse on a promise that he would marry her. The sessions court convicted the accused for seven years’ imprisonment.

Referring to an e-mail conversation between the accused and the lady, the court observed that the intimacy or affair between them was really illicit and unholy, and that as part of this affair, she had submitted herself to him on many occasions with full consent and will.

“When some difference of opinion cropped up, or when the accused retracted from the affair for reasons known to them alone, she made a complaint alleging rape,” the court said, holding that the trial court wrongly convicted the accused.

Taking a similar stand, the Delhi High Court had ruled that if a woman consents to have sexual relations with a married man, who promises to marry her, continues the relationship and gets impregnated, then it is an act of “promiscuity” and not ‘rape’.

Read the Judgment Here