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Merely because sexual relationship did not culminate in marriage not sufficient to establish rape: Kerala High Court

The Court was considering the bail application moved by advocate Navaneeth N Nath, a Central Government Counsel in Kerala, who was arrested in connection with a sexual abuse complaint made against him by a colleague, another lawyer.

The allegation against Nath was that he had been in a relationship with his colleague for over four years but in the end, he decided to marry another woman.

When the complainant learnt of this and met Nath’s fiance at a hotel, she allegedly tried to commit suicide by slitting her veins. While speaking to the police after the incident, the woman recounted her story, including that she had been pregnant twice when she was with Nath.

Subsequently, the Ernakulam Central Police registered a crime alleging offences punishable under Sections 376(2)(n) (repeated rape of same woman) and 313 (causing miscarriage without woman’s consent) of the Indian Penal Code and accordingly arrested Nath.

Source: Barandbench

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