Married woman can't level ‘false promise of marriage' allegation: Kerala HC
The bench of Justice Bechu Kurian Thomas made the observation while granting bail to an accused in a case where he allegedly sexually assaulted a married woman on the pretext of marriage, threatened to publish her photos and videos, and borrowed a total sum of Rs 2.5 lakh.
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Counsel for the petitioner/accused contended that the victim is a married woman and, therefore, there cannot be sexual intercourse based on a promise to marry. He further submitted that a reading of the FIR indicates that the case is primarily based on a financial claim and the allegation of rape on the promise of marriage has been raised only to compel the petitioner to yield to her unlawful demands.
The petitioner was arrested on June 13 and has been in custody since. Upon perusal of the records and previous decisions of the court, the bench observed that it is prima facie doubtful whether the offence under Section 69 of the Bharatiya Nyaya Sanhita (BNS) is attracted, as a promise to marry cannot arise when one of the parties is already in a subsisting marriage. Additionally, the offence under Section 84 BNS, pertaining to enticing, taking away, or detaining a married woman with the intent to have illicit intercourse, is bailable, and therefore, the continued detention of the petitioner is not warranted, the court noted.
Further, the court granted him bail on execution of a bond for Rs 50,000 with two solvent sureties each for the like amount, to the satisfaction of the court having jurisdiction.
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