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A. BADHARUDEEN
X – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in S.C. No.1267/2021 on the files of the Fast Track Special Court, Karunagappally, arose out of Crime No.1623/2020 of Oachira Police Station, Kollam. The petitioner herein is the accused in the above case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Though notice issued to the defacto complainant, she did not appear. Perused the relevant materials available.
3. In this matter, as per the FIS given by the defacto complainant on 11.06.2023, the defacto complainant has completed B.Com course and has been working as a Para legal volunteer in Taluk Legal Services Authority. Her marriage was solemnized with one xxx (name hidden) on 11.01.2010 and two girl children born in the wedlock. Thereafter, she had effected divorce of the said marriage during October, 2019. The children have been residing along with their father, after the divorce. The defacto complainant used to go for night classes as part of PSC coaching and the accused made acquaintance with her at the coaching centre.
Consent obtained under a misconception of fact, such as a promise of marriage, is not valid consent; this necessitates a trial to determine the nature of the consent.
Consent in sexual offences cannot be deemed obtained by misconception if the complainant is already married, nullifying the validity of the promise of marriage.
Consent obtained under a false promise of marriage is vitiated and does not constitute valid consent under Section 90 of IPC.
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.
Consent in sexual relationships negates allegations under Section 376(2)(n) IPC if established prior to any promise of marriage.
The consensual nature of a long-term relationship between parties negates accusations of rape, even when one party claims a false promise of marriage. Consent cannot be construed as given under misco....
Misconception of fact – If materials would show that relationship is purely consensual without element of misconception of fact, same is not rape.
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