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2025 Supreme(Online)(Ker) 53380

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
AKASH RAVI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SAJITH KUMAR, SMT.SETHULAKSHMI N.K, SHRI.AJIN DEV S.S, SMT.TANOOSHA PAUL
For the Respondents: PP-SMT.MAYA M.N.

Table of Content
1. allegations of rape based on a false promise of marriage and coercion must be closely examined. (Para 1 , 2 , 5)
2. legal interpretation of consent and false promises in marriage impacting criminal liability needs a careful approach. (Para 9 , 15 , 19)
3. understanding the concept of consent in prolonged relationships is crucial. (Para 12 , 13 , 18)

ORDER

Dated : 27th November, 2025

The petitioner is the sole accused in CP No. 25 of 2025 on the file of judicial magistrate of first class-1, Pathanamthitta, arising out of Crime No. 1465 of 2024 of Pathanamthitta police station. The offences alleged against the petitioner are under Section 354 and 376(2)(n) IPC .

2. The prosecution case is that the accused, after making friendship with the defacto complainant through a matrimonial advertisement, promised to marry her, had sexual intercourse with her by force and against her will at different places on different days and thereafter, he refused to marry her.

3. According to the learned counsel for the petitioner, even if the entire materials relied upon by the prosecution against the petitioner are accepted in its face value, the same will not constitute the offence under

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