The order said, “The admitted fact that the 4th respondent is having a relationship with the petitioner since 2010 and she continued the relationship knowing about his marriage from 2013 onwards would nullify the story regarding the sexual intercourse on the false pretext of marrying her. Quashing a rape case against a 33-year-old man, Justice Kauser Edappagath said the relationship between the accused and the complainant appears to have been consensual. Edaggapath opined that any sex had between such a couple could only be termed as one on account of love and passion, and not based on any false promise to marry.
The Kerala High Court on Saturday observed that an allegation of rape on false promise to marry will not stand if the woman knew that the man was already married and still continued the sexual relationship with the accused.
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