KERELA HC: BREACH OF PROMISE TO MARRY AMOUNTS TO RAPE?

KERELA HC: BREACH OF PROMISE TO MARRY AMOUNTS TO RAPE? QUESTION TO BE CONSIDERED IS IF ACCUSED ACTUALLY WANTED TO MARRY OR MADE A FALSE PROMISE ONLY TO SATISFY HIS LUST : KERALA HC

The Kerala High Court, while considering a bail application seeking anticipatory bail for the offences under Sec 376 (2)(n) and 506 IPC, observed that every case of breach of promise to marry will not amount to rape. Justice Raja Vijayaraghavan through his judgment observed that, “The question to be considered in such cases is whether the accused had actually wanted to marry the victim or had mala-fide motives and had made a false promise to that effect only to satisfy his lust”. The Court allowed anticipatory bail to the accused, observing that it was “difficult to accept at this stage that a false promise was given to engage her in a sexual relationship and that it was under such misconception of fact that she had acceded to the wishes of the petitioner”.