Kochi, November 26: The Kerala High Court has quashed the rape case against a 25-year-old man who was accused of sexual assault on the false promise of marriage by a married woman who was estranged from her husband, saying that a promise to wed an already married woman was not enforceable under the law.

Quashing a rape case registered by the Punaloor Police Station in 2018, Justice Kauser Edappagath observed that the married woman voluntarily had sex "with her lover" and she knew pretty well that she cannot enter into a lawful marriage with him as she was already married, reported India Today.

The accused and the victim met through Facebook in Australia and their relationship developed into a love affair and they decided to marry as well. However, the marriage did not take place. According to the woman, who is listed as a respondent in the petition,she consented to sexual relationship after repeated promises of marriage by the accused. Drunk Driving Case: Kerala High Court Stays Order of Dropping Murder Charge Against IAS Officer Sriram Venkitaraman

While the woman alleged she was forced to have sexual intercourse, the High Court said that on reading the first information statement (FIS) it was evident that the sex was consensual in nature. Kerala High Court Says if One Party in Muslim Marriage Is a Minor Then Offence Will Come Under POCSO Act

The court in its order said that it was evident from the first information statement that the sexual intercourse was consensual in nature. The court order read that it is settled that if a man retracts his promise to marry a woman, consensual sex they had would not constitute an offence of rape under Section 376 of IPC unless it is established that consent for such sexual act was obtained by him, by giving false promise of marriage with no intention of being adhered to and that promise made was false to his knowledge.

Here, no question of promise to marry arises, since the victim is a married woman and she knew that legal marriage with the petitioner (accused) was not possible under the law," Justice Edappagath said.

(The above story first appeared on LatestLY on Nov 26, 2022 12:01 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).