Kerala High Court: It is now from the last decade or two that it has become a matter of common parlance that women lodge complaint against their paramour for raping on the pretext of promise to marry. Recently, the Kerala High Court too had a similar case to decide upon. The accused was convicted under Section 376, IPC by the Sessions Court against which he had appealed in the High Court.
The case of prosecution was such that under a false promise of marriage, the accused enticed the prosecutrix, took her to a hotel at Ernakulam where he subjected her to sexual intercourse at a room with force, and thereafter again on three occasions at her residence also he subjected the lady to sexual intercourse on a promise that he would marry her. The stand of the appellant/accused remained that it was a false case registered against him in despair of love.
The Court examined the evidence on both the sides and came to the conclusion that whatever transpired between the prosecutrix and accused was purely consensual. It was clear that the lady and accused had intercourse many times at her residence. To this, the Court noted that the prosecutrix was a well-educated lady aged 27 years having a degree in Engineering and, it is unbelievable that such an educated lady could be deceived on a promise to marry on so many occasions. It held that it was a clear case of consent and a conviction under Section 376 IPC was not at all possible. The accused was accordingly acquitted. [Ratheesh v. State of Kerala, 2017 SCC OnLine Ker 200 , decided on 13.01.2017]