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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.Girish
Pradeep – Appellant
Versus
Station House Officer, Fort Police Station – Respondent
| Table of Content |
|---|
| 1. facts surrounding the relationship and complaints (Para 1 , 2) |
| 2. petitioner's contention regarding consensual relationship (Para 3 , 4) |
| 3. court's analysis of consent in rape allegations (Para 5 , 6 , 12 , 13) |
| 4. judicial precedents on consent and misconceptions (Para 7 , 8 , 9 , 10) |
| 5. conclusion that prosecution lacks essential requirements (Para 14) |
ORDER :
1. The accused in S.C No.802/2019 on the files of the Additional Sessions Court-IX, Thiruvananthapuram has filed this petition under Section 482 Cr.P.C to quash the proceedings against him in the said case. The allegation against the petitioner is that he committed the offences punishable under Sections 493, 496 and 376 I.P.C.
2. The prosecution case is summarised as follows:
The de facto complainant/second respondent is a widow having a daughter and a son aged 18 years and 16 years respectively. Her husband died in the year 2013. During 2009, the petitioner befriended the de facto complainant by calling her over mobile phone and rendered financial assistance to her. While so, on a day in the year 2009, the petitioner came to the room which the de facto complainant was occupying at Kuzhithura in connection with he
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....
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
The central legal point established in the judgment is the importance of voluntary consent and the absence of deceit or false promises in determining the nature of a relationship and distinguishing b....
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
Consensual relationships cannot be classified as rape simply due to a breach of promise to marry; criminal liability requires clear evidence of bad faith or deceit by the accused.
Consent obtained under a false promise of marriage is vitiated and does not constitute valid consent under Section 90 of IPC.
Consent given based on a promise of marriage does not automatically negate consent; a court must evaluate the nature of the promise and intentions.
Consent given under a misconception of fact does not constitute valid consent for rape; a distinction exists between a false promise of marriage and a breach of promise.
Point of Law : Where prosecutrix agrees to have sexual intercourse on account of her love and passion for accused and not solely on account of misconception created by accused, or where an accused, o....
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