Whether Consent Was Obtained Based On Mistake Of Fact On Promise Of Marriage To Be Determined At Trial: Kerala HC Declines To Quash Rape Case

The Kerala High Court has stated that whether consent for sexual intercourse was obtained under a misconception of fact due to a false promise of marriage must be determined during the trial. The court ruled that a prima facie case is required for such matters to proceed to trial, stressing that each case should be judged on its specific facts. This decision underscores the complexity of determining consent and highlights the need for a thorough judicial examination during the trial phase to ascertain the truthfulness and context of the consent given.