Rape Allegation Based On False Promise Of Marriage Unsustainable If Woman Was Already Married Without Divorce: Kerala High Court

In a significant ruling, the Kerala High Court reiterated that the offence of 'rape on the false promise of marriage' cannot be applied if the complainant is already married and continuing in that marriage at the time of the alleged offence. Justice A. Badharudeen observed that in such a case, the promise of marriage is an impossibility, and therefore the claim of misconception of fact cannot be established. The Court…