The court should consider the age, educational background, and knowledge of the victim when assessing an allegation of rape on the false promise of marriage.

Dated this the 27th day of March, 2024 The petitioner is the sole accused in crime No. 195 of 2024 registered at the Peramangalam Police Station, Thrissur, alleging commission of offences under Sections 323, 376, 376(2)(n) and 506(i) of the Indian Penal Code. The crime is registered on the allegation that from 01.01.2022 onwards, the petitioner had, on the false promise of marrying the de facto complainant, subjected her to sexual intercourse on various occasions. The de facto complainant further alleges that she did not complain about the incident immediately due to the petitioner’s threat that he will publish her nude pictures. The petitioner was arrested on 09.03.2024 and is continuing in custody.

2. Learned counsel for the petitioner submits that the petitioner as well as the de facto complainant were residing in Singapore and although both of them were married separately, they had maintained a live-in relationship while in Singapore.

There were money transactions between the parties and some disputes with respect to those transactions had arise. This ultimately led to the de facto complainant submitting a patently false complaint against the petitioner. It is submitted that two months prior to the registration of the crime, the de facto complainant had filed a complaint before the Commissioner of Police, Thrissur. Therein she had not raised any allegation of rape, which indicates the falsity of the allegation in the subsequent complaint. Finally, it is contended that no purpose will be served by continuing the petitioner in custody, since the investigation has progressed much.

3. The learned Public Prosecutor submits that, as per the instructions received, the petitioner as well as the de facto complainant are in the process of getting divorce from their respective spouses. It is submitted that the allegations are grave and there cannot be any presumption against, merely because the petitioner and the de facto complainant are married persons.

4. Indisputably, the petitioner as well as the de facto complainant are married persons and are aged more than 30 years.

Going by the allegations, the incidents of rape is spread over a period of more than one year. The de facto complainant, a person employed abroad, has filed the complaint much later. The age of the victim, her educational background and knowledge about men and matters are factors to be taken into consideration when an allegation of rape on the false promise of marriage is raised. In any case, the petitioner having been in custody from 08.03.2024 onwards, his continued incarceration is not necessary for the purpose of investigation. The bail application is hence allowed with the following conditions:-

(i) The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer on the first Sunday of every month between 10 a.m. and 11 a.m. B. A. No. 2321 of 2024 (iii) The petitioner shall surrender his passport within two weeks of his enlargement on bail and if he does not hold a passport, file an affidavit to that effect.

(iv) The petitioner shall not influence the witnesses or intimidate the de facto complainant in any manner.

If any of the above conditions is violated, the Investigating Officer will be at liberty to move for cancellation of bail.