Kochi, July 3 The Kerala High Court has held that a married woman cannot allege that she was coerced into sex under the false promise of marriage.
The court's ruling came while hearing the prosecution's statement against the petitioner (accused) that he sexually assaulted the woman after falsely promising to marry her.
He was also accused of having threatened to publish her photos and videos after borrowing Rs 2.5 lakh from her.
"It is observed that while considering the cases alleging rape on the basis of the promise of marriage, it is difficult for this court at this juncture to enter into a conclusion regarding whether the relationship was consensual or not. The entire circumstances will have to be taken into consideration, especially when a married lady enters into a physical relationship with another person. If both of the parties are aware of a subsistent marriage, it cannot be alleged that the sexual intercourse between them was with a promise to marry," the court held as it granted bail to the man.
The man, who was charged with enticing or taking away with criminal intent a married woman and sexual intercourse by deceitful means, had moved a bail application.
He was arrested on June 13 and has been cooling his heels inside the jail since then. In the court, the petitioner's counsel refuted all allegations and claimed that this arose from a financial claim.
He argued that the allegation of rape under the promise of marriage was taken up only to ensure that the petitioner yields to the woman's financial demands.
The court, before granting bail, pointed out that as per the precedents set by the High Court on Section 376 of the now-repealed Indian Penal Code (IPC), there cannot be a promise of marriage when one of the parties is in a subsisting marriage.
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