Case Ruling
The Kerala High Court ruled that the charge of rape based on a false promise of marriage cannot be sustained if the complainant was already married and continuing in that marriage. Justice A. Badharudeen stated that in such cases, the promise of marriage itself is impossible, eliminating any claim of consent obtained under a misconception of fact.
Legal Stand on False Promises
The court clarified that for an offence under this category, it must be proven that consent was obtained through deception. However, if a woman is already legally married, a promise of marriage holds no validity, making the allegation baseless.
“If a woman in an existing marriage claims she was promised marriage in exchange for sexual relations, such a promise is inherently impossible. Therefore, the concept of misconception does not arise,” the court observed.
Background of the Case
The case involved a police officer accused of engaging in sexual relations with the complainant. It was under a false promise of marriage. He was also alleged to have taken ₹9.3 lakh from her. Based on these allegations, he was booked under Sections 342 (wrongful confinement) and 376(2)(n) (repeated rape on the same woman) of the Indian Penal Code (IPC).
Accused’s Defense
The accused argued that he initially had genuine intentions of marrying the complainant. However, he later discovered that she was already married with two children, making a legal marriage impossible. This led him to withdraw his proposal.
Court’s Conclusion
The court ruled that since marriage was never legally possible, the alleged sexual relations could only be considered consensual. Consequently, the charges were quashed, and the petition was allowed.
This ruling reinforces that allegations of rape on the basis of a false promise of marriage. It thus requires a legal possibility of marriage to be valid under the law.
