Sexual relations with a woman with true commitment to marry is not sexual abuse: Kerala HC

It also observed that the evidence clearly proves that the accused had true intention to marry the woman but the marriage did not happen due to the opposition from both families.

Ernakulam: In a landmark judgment, Kerala High Court set a man who was convicted of sexual abuse of a woman, to walk free and observed that sexual intercourse with a woman with a true commitment to marrying could not be considered sexual abuse. The HC further observed that having sexual intercourse with a woman after giving a false promise to marry, or covering up the intention not to marry could only be considered sexual abuse.

Absolving all charges slapped on the accused, who was sentenced to life imprisonment and a fine by the trial court, HC said that the prosecution has failed to prove the sexual intercourse had happened without the consent of the complainant. It also observed that the evidence clearly proves that the accused had true intention to marry the woman but the marriage did not happen due to the opposition from both families.

The prosecution case was that the accused, a native of Idukki, sexually abused a woman who is also his relative after giving her a false marriage promise. The prosecution had argued that the man had left the woman after three days of having a relationship with her and then married another woman. The trial court had upheld the prosecution charges and convicted the accused.

The Kerala High Court considered his appeal and absolved all the charges against him. The court also observed that the prosecution could not establish that the accused had intentionally covered up his wish not to marry the woman or had given a false promise.