The Kerala High Court, while granting bail to Navneeth N Nath, held that even if a sexual relationship between two willing partners does not result in marriage, it would not amount to rape, in the absence of any factor that would lead to consent to sex. could. affects. Central Government Advocate.
The complainant, who is also a lawyer, had slit his wrist on June 21. Navneet was arrested the same night. Her statement to the police was that she was raped at several places including a hotel in Ernakulam after promising marriage, but Navneet later decided to marry another woman. The complainant said that she was aborted twice.
A case was registered under IPC sections 376(2)(n) (rape) and 313 (abortion without consent).
The counsel for the petitioner argued that the statement made by the woman for the last four years reflects only consensual sex.
In the order, Justice Bechu Kurian Thomas clarified that the observations made in this order are purely for the purpose of bail and will not affect the merit of the case in any other proceeding.
The court said: “Sexual relations between two willing adult partners shall not amount to rape within the purview of section 376 of the IPC, unless consent to the sexual relationship was obtained by a fraudulent act or misrepresentation… Subsequent refusal to marry or failure to have a relationship are not factors in marriage that are sufficient to constitute rape, even if the partners have had a physical relationship. Only if a sexual relationship between a man and a woman can constitute rape when it is against his will or without his consent or without his consent. Obtained by force or fraud.”
The order also states that “consent of sex obtained by a promise to marry shall constitute rape only if the promise was made in bad faith or fraudulently perverted or was not intended to be obeyed at the time of making it”.
“For a physical relationship between a man and a woman to turn into rape because of failure to fulfill the promise of marriage, it is necessary that the woman’s decision to engage in a sexual act must be based on the promise of marriage. A false one In order to establish a promise, the promisee must have had no intention of upholding his point of view while making it and the said promise must have caused the woman to submit herself for physical intercourse. should,” it said.
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