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Merely because sexual relationship did not culminate in marriage is not sufficient to establish rape: Kerala HC

Socio Legal Corp

@newsdesk_slc

Navneeth N Nath v. State of Kerala

The Kerala HC held that merely sexual relationship did not culminate in the marriage it does not attracts the provision S.376 IPC.

The petitioner was alleged that he was in a relationship with his colleague since 4 yrs but at the end he decided to marry another women. The complainant met Nath’s fiance where she tried to commit suicide and recounted to police that she was pregnant twice when she was in relationship with Nath.

Considering this a complaint was filed in Ernakulam Police Station u/s 376(2)(n) & 313 IPC and Nath was arrested. The FIR noted that though Nath had clearly stated he does not have an intention to marry her, she continued to be in relationship thereon.

Considering these facts and circumstances the court granted him bail stating that though the allegation on him is serious, there’s no possible way to escape his justice.

Justice Bechu Kurian Thomas reiterated that to consider the offence as rape u/s 376 IPC, it should fulfill the condition that to have consent for sex due to fraud or misrepresentation. There must be a false promise to marry subsequently which amounts to induce herself to enter into a physical relationship. The physical union and promise to marriage is found to have a direct nexus between them the court added.

Written by,

Shrishyly.V @siriii_ig

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