
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
Live LawThe Kerala High Court, while considering a bail application seeking pre arrest bail for the offences under Sec 376 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. The Kerala High Court, while considering a bail application seeking pre arrest bail for the offences under Sec 376 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". "If the materials, prima facie, suggest that the prosecutrix agreed to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by accused, or where an accused, on account of circumstances which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do, such cases will not fall within the ambit of rape and will have to be considered differently", the Court observed.
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