The Kerala High Court has ruled that consensual sex with a married woman on the basis of false promise of marriage will not amount to rape since such a promise is not enforceable under law.The court recently gave this ruling in a case where it was considering a petition filed...
Married woman alleges rape on false promise of marriage; HC quashes case against accused, Legal News, ET LegalWorld – Legal Firms
The Kerala High Court has quashed the rape case against a 25-year-old man who was accused of sexual assault on the false promise of marriage by a married woman who was estranged from her husband, saying that a promise to wed an already married woman was not enforceable under the...
Hc, Legal News, ET LegalWorld – Legal Firms
A man, who had sex with a married woman, cannot be prosecuted on a complaint alleging that he had sex by promising to marry her, as the woman is already married, reiterated the high court.Justice Kauser Edappagath was considering a petition filed by a 25-year-old man from Kollam challenging a...
Kerala HC stays FIR against lawyers of rape accused MLA Eldhose Kunnappilly, Legal News, ET LegalWorld – Legal Firms
Kochi, The Kerala High Court on Monday stayed the FIR registered against the lawyers of Congress MLA Eldhose Kunnappilly, accused of rape and issued notice to the survivor in the case. Vanchiyoor police had recently registered a case against Kunnappilly and three of his lawyers for allegedly threatening the survivor...
HC rejects request for case documents, Legal News, ET LegalWorld – Legal Firms
Kochi, The Kerala High Court on Thursday declined to provide copies of case documents to the lawyer of Congress MLA Eldhose Kunnapppilly accused of rape and murder attempt. The documents contain the statement recorded by the victim before a Magistrate. Justice Kauser Edappagath, however, allowed the lawyer to peruse the...
Not self-incrimination, says Kerala HC, Legal News, ET LegalWorld – Legal Firms
KOCHI: Asking a rape accused to undergo a DNA test does not violate the constitutional right against self-incrimination, the Kerala high court said while upholding a lower court’s order.In the judgment, justice Kauser Edappagath said the privilege of Article 20(3), which says no accused person shall be compelled to be...
Not obstruction of duty, says Kerala HC, Legal News, ET LegalWorld – Legal Firms
KOCHI: A citizen cannot be booked for obstructing the duty of a public servant for talking loudly to the official, the Kerala high court has held.Justice Kauser Edappagath gave the ruling while quashing the case registered by Karimannoor police against 58-year-old PV Mathai of Tripunithura on a complaint registered by...