Justice Bechu Kurian Thomas of Kerala High Court grants bail, rules consensual relationship isn’t rape under BNS if no coercion or deception exists.
Case in News
Kerala High Court denies rape in love affair, holds failed romance not ground for False Rape Case .
Case Overview
Case Name – XXXXX vs. State of Kerala & Anr.
The Kerala High Court led by Justice Bechu Kurian Thomas, granted anticipatory bail to a 27-year-old man accused of rape under the Bharatiya Nyaya Sanhita (BNS) . The complainant, a married woman and a medical student, alleged rape based on a relationship that later deteriorated . The Court held that consensual intimacy in a romantic relationship cannot be termed rape merely because the relationship ended .
Key Aspects
The key aspects relating to the case are as under –
- Alleged rape occurred on November 3–4, 2024, in a hotel room .
- FIR filed after five months causing delay-related concerns .
- Complainant was married, invalidating any claim of consent under false promise of marriage .
- Woman willingly travelled and stayed with the accused; active on Instagram/Snapchat with him .
- Petitioner booked under Section 64(1), BNS – Punishment for Rape .
Legal Insights
The legal insights of the case are as under –
- Section 64(1), Bharatiya Nyaya Sanhita, 2023 : Punishes non-consensual sexual intercourse with rigorous imprisonment . The Court held no such non-consent was evident .
- Consent and Section 63, BNS : Defines valid consent. The complainant’s voluntary actions indicated conscious, voluntary participation .
- False Promise to Marry Doctrine: Rejected here, as the woman was already in a legally subsisting marriage .
- Article 21, Constitution of India: Emphasized protection of personal liberty; arrest must not be punitive .
- Court invoked principles laid down in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608, stating misinterpretation of consensual relationships must be avoided in criminal law .
Court’s Verdict
The Kerala High Court concluded there was no prima facie case of rape, as the relationship was consensual and lacked legal basis for deceit . Granting anticipatory bail, the Court restricted the accused from contacting the complainant and required his cooperation during interrogation . The ruling reinforces judicial caution in False Rape Cases particularly when Promise to Marry allegations are unfounded .
Source- District Court Thodupuzha
Read also – Article 21 of Indian Constitution
