Kochi: Kerala High Court has quashed a rape case against a Kochi native after finding that it was consensual sex. The court, which came to a conclusion after examining documents the defendant produced, observed that one cannot be deceived more than once or twice on the promise of marriage. The man was booked for rape after an engineering graduate accused him of having sexual intercourse promising to marry her. The court held that it was a clear case of consent and that “the sexual intercourse was not at any time vitiated by any false promise.”
“An analysis of the evidence will show that the lady had intercourse with the accused on many occasions at her residence. Even a common lady or an uneducated lady cannot be deceived more than once or twice on a promise of marriage,” the court observed. “The lady is a well-educated having a degree in engineering. It was quite unbelievable that she could be easily deceived on a marriage promise on many occasions. Three or four instances were at her residence when her parents were away. Much probe was not required in this case to find that the sexual intercourse which the lady had with the accused on many occasions at her house was with her consent.”
The court issued the order while allowing the petition filed by the accused challenging the Ernakulam Sessions court order awarding seven years' imprisonment. The prosecution case was that under a false promise that he would marry her, he enticed the woman, took her to a hotel in Ernakulam where he subjected her to sexual intercourse in a room with force, and after that on three occasions at her residence. It was alleged that when he retracted from the promise, the lady made an attempt to commit suicide in 2008, and later she filed a complaint alleging rape.
