Kerala HC: Consensual Relationship Turning Sour Not Sexual Assault, Bail Granted to Accused

Kerala HC has granted bail to 32 year old man who was accused of raping divorced woman on promise of marriage. Court stated that  the relationship between accused and the victim was looking like consensual and fake promise of marriage which led to relationship turning sour would not amount to rape. As per the Bar and Bench, before relationship turned sour, accused and victim were in 2-year of relationship, said Justice Bechu Kurian Thomas on the basis of  materials on record prime facie. 

Judge clarified that facts would be conclusively determined only after investigation. Supreme Court warns married woman over affair, stating "You Too Committed Offence By Having Sex Outside Marriage," while upholding lover’s bail.

About case

According to media report victim registered case against the accused under several sections of the Bharatiya Nyaya Sanhita (BNS) for sexually exploiting and assaulting the victim. Woman allegedly claimed that the accused sexually assaulted her on promise of marriage.

The victim alleged that the accused engaged in intimate relations with her repeatedly. She also stated that he offered to take her to Canada but subsequently avoided her and blocked her number. The victim is a mother of a seven-year-old child. The accused, in custody since his arrest, sought release from the Kerala High Court. The court noted that the victim entered into a relationship with the accused in 2023, and that their acquaintance evolved into an intimate relationship lasting nearly two years.

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Considering the allegations and relevant legal principles, the court deemed continued custody unnecessary. The accused was granted bail on the conditions that he cooperate with the investigation and not interfere with witnesses or evidence.