Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court

From the article

“In this matter, the sexual intercourse in between the petitioner and the de facto complainant is the outcome of consent and the offences would attract only when it is shown prima facie that the consent was obtained on misconception of fact.It is true that offering marriage and subjected a lady to sexual intercourse on that promise of marriage would amount to obtaining consent by misconception of fact. But the scenario is absolutely different when the lady alleges sexual intercourse on promise of marriage, is a lady solemnized earlier marriage and continuing the said marriage relationship without being divorced. In such cases, the very promise of marriage is an impossibility and such allegation is only baseless. Therefore, question of misconception also does not arise.”