Kollam, 25th November 2022: The Kerala High Court on Thursday exonerated a man accused of rape, ruling that Section 376 of the Indian Penal Code does not apply when a man promises to marry an already married woman, and they engage in sexual contact afterwards (IPC).
The rape case, brought by the police in Kollam district in 2018, was dismissed by Judge Kausar Edappagath, who noted that it could not have been rape if the married woman had consented to have sex with the man knowing that she could not legally wed him.
According to the prosecution’s argument, the accused repeatedly sexually attacked the petitioner in Australia while she was there under false pretences of marriage. She claimed in her petition that the accused repeatedly promised marriage in exchange for her consent to engage in sexual activity. Despite being married, the woman has transferred her divorce papers and is no longer living with her spouse.
The court stated that it was clear that sexual encounters were voluntary based on the petitioner’s thorough declaration. It stated that because the woman is already married and is aware that a legal marriage is not conceivable, the promise of marriage will not hold in this circumstance.