In Navaneeth Nath vs State of Kerala, the accused applied for bail in court. Kerala High court granted bail to the central government employee charged with rape. The court held that refusal to marry or failure to lead relationship into marriage is not sufficient to prove the offence of rape, even if the party had physical relationship.
Justice Thomas made the observation during the hearing that sex between adult male and female with consent during their relationship is not offence under section 376 of IPC unless the consent was obtained by fraud or misrepresentation.
The court further added that consent for sex obtained by making promise of marriage is not sufficient to prove rape, the prosecution would prove that at the time of making promise he didn’t intend to fulfil his promise or it was obtained by fraud. It must be shown by facts and circumstances that woman gave her consent for sex only due to the promise of marriage.
It’s necessary to prove that accused had made false promise he never intended to fulfil his promise of marriage. The promise was made is in direct nexus of physical relationship.
The court said the litigation on this aspect is increased very frequently as people in relationships separated through break up or any one partner get married to some other person leading to the filing of the case in court.