Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court

“In this matter, the sexual intercourse in between the petitioner and the de facto complainant is the outcome of consent and the offences would attract only when it is shown prima facie that the consent was obtained on misconception of fact.It is true that offering marriage and subjected a lady to sexual intercourse on that promise of marriage would amount to obtaining consent by misconception of fact. But the scenario is absolutely different when the lady alleges sexual intercourse on promise of marriage, is a lady solemnized earlier marriage and continuing the said marriage relationship without being divorced. In such cases, the very promise of marriage is an impossibility and such allegation is only baseless. Therefore, question of misconception also does not arise.”

The case was that the accused who was working as a police officer offered to marry the defacto complainant, on that promise had sexual intercourse with her multiple time and also procured an amount of Rs. 9,30,000 from her. The accused was booked under Sections 342 (wrongful confinement) and 376(2)(n) (repeated rape on same woman) of IPC. The accused approached the High Court to quash the further proceedings.

He argued that he initially bonafide made the proposal to marry her but later dropped it when he came to know that she was already married and has 2 children as legal marriage could not be solemnized.

The Court held that since the promise of marriage is an impossibility in this case, the alleged sexual activity can be considered to be consensual only. Accordingly, the petition was allowed.

Counsel for the Petitioners: Advocates M. T. Sureshkumar, Manjusha K., Sreelakshmi Sabu, Reswin A. Khadir

Counsel for the Respondents: Advocate Jibu T. S. (PP)

Case No: Crl.M.C 427 of 2024

Case Title: Sreeraj K. C. v State of Kerala and Another

Citation: 2025 LiveLaw (Ker) 142