Kerala High Court Reaffirms Non-Consideration of Additional Defense Evidence During Discharge in Rape-on-Promise Cases

1. Introduction

On January 6, 2025, the Kerala High Court delivered an important ruling in the case of Stephin Raj v. State of Kerala (Crl.Rev.Pet No. 1120 of 2024). The accused, Mr. Stephin Raj, had sought discharge in a case involving allegations of rape based on a promise of marriage. The matter was heard by the Honourable Mr. Justice A. Badharudeen at the Kerala High Court.

The petitioner had filed a plea to discharge himself on the ground that the alleged sexual relationship was consensual. He also contended that certain defense materials—a complaint filed by the alleged victim before the Yuvajana Commission—established consensual relations, and thereby undermined the prosecution’s claim of rape. The court, however, dismissed the discharge petition, holding that only the prosecution’s materials can be considered at this stage.

The key issues in this case revolved around whether sexual intercourse on the promise of marriage constitutes rape, whether consent is vitiated if obtained by such a promise, and whether the defense’s additional evidence can be examined by the trial court during a discharge proceeding. This ruling clarifies the scope of a court’s consideration when deciding applications for discharge, especially in sexual offence cases involving the promise of marriage.

2. Summary of the Judgment

The Kerala High Court upheld the lower court’s order declining to discharge the accused. The judgment emphasizes the following points:

The accused’s alleged act of promising marriage and subsequently engaging in sexual intercourse with the complainant could, on its face, constitute rape under the Indian Penal Code if the promise was made fraudulently.
In discharge proceedings, the court is only obliged to consider the materials produced by the prosecution. Materials introduced by the defense (in this case, the complaint lodged before the Yuvajana Commission) are irrelevant at this stage.
The court determined that the prosecution’s evidence, if accepted at face value, had raised sufficient grounds for presuming that the accused committed the alleged offence.
Thus, the trial court’s decision to dismiss the discharge application was affirmed, enabling the prosecution to proceed with charges under Sections 376(2)(n) and 376(2)(f) of the IPC and requiring the accused to stand trial.

3. Analysis

3.1 Precedents Cited

The Judgment relied upon and discussed various precedents to delineate the tests and principles applicable to discharge proceedings under Sections 227 and 228 of the Cr.P.C., including the recent Kerala High Court ruling in Sandeep G v. State of Kerala [2024 SCC OnLine KER 3564]. This line of authority holds that:

The court must check only if there is a prima facie case made out by the prosecution’s materials when deciding whether to discharge or frame charges.
The defense may raise contentions based on the prosecution’s record, but the trial court should not consider any external documents submitted by the accused to rebut the prosecution’s materials at this stage (as clarified in Sheoroj Singh Ahlawat v. State of UP [2013 (11) SCC 476]).
In cases involving consent allegedly vitiated by fraud, the victim’s statements become particularly critical in determining whether a prima facie case exists.

3.2 Legal Reasoning

The Kerala High Court provided detailed legal reasoning, underscoring the following:

Scope of Discharge: The court explained that the trial court must adopt a narrow approach during discharge proceedings, focusing solely on whether sufficient grounds exist to proceed to trial. It is neither the purpose nor the function of the court at this stage to conduct a mini-trial or to weigh evidence exhaustively.
Vitiation of Consent: Even if there is some indication of consent, if that consent was obtained by a false promise of marriage, it may be legally vitiated under Section 90 of the IPC. Therefore, the prosecution’s assertion that the accused had lured the complainant into a sexual relationship on false pretenses created an adequate basis to move forward to trial.
Admissibility of Defense Materials: The accused had asserted that a complaint filed by the complainant with the Yuvajana Commission proved that the sexual relationship was consensual. The court, echoing established precedent, found that such additional materials could not be considered at the discharge stage and rightly upheld the Special Court’s approach.
Potential Grounds for Trial: Because the complainant's statement and the prosecution’s documents pointed to multiple instances of sexual intercourse induced by a promise of marriage, the court concluded that a prima facie case existed. Any further contentions regarding the alleged consensual nature of the relationship would be addressed during trial, not at the discharge stage.

3.3 Impact

This judgment has a notable impact on cases involving sexual offenses alleged to have occurred under the guise of a promise of marriage. By clearly stating that courts must rely primarily on prosecution documents at the discharge stage, the Kerala High Court has:

Reaffirmed that scrutinizing additional materials produced by the defense goes beyond the permissible limits of a discharge inquiry.
Ensured that discharge proceedings remain distinct from the trial itself, preventing an accused from effectively short-circuiting the trial process through peripheral evidentiary claims at a preliminary stage.
Emphasized that where questions of consent and fraud overlap, these issues should ordinarily be resolved after examining witnesses, materials, and the complainant’s testimony during the trial.

4. Complex Concepts Simplified

Below are concise explanations of some complex terms and legal concepts that appear in this Judgment:

Promise of Marriage and Vitiated Consent: Under Indian criminal law, consent obtained through a false promise of marriage can be deemed invalid under Section 90 of the IPC. Where an individual’s free will is distorted by deception, the resulting consent may no longer be recognized as genuine.
Discharge under Cr.P.C. (Sections 227 & 228): Before framing charges in serious criminal cases, the court evaluates whether there is enough evidence to proceed to trial. If no such evidence exists, the accused can be discharged under Section 227. If sufficient grounds exist, Section 228 obliges the court to frame charges and begin the trial process.
Rape on Promise of Marriage: Courts have recurrently maintained that if an individual acquires consent for sexual activity through a fraudulent promise of marriage, it can fall within the ambit of rape charges because the complainant’s agreement is effectively illusory.
Prosecution Records vs. Defense Evidence: In most criminal trials, the court first reviews materials submitted by the prosecution to see if a prima facie offence is established. The defense’s own evidence or documents generally become relevant during trial or at other specific stages (e.g., bail hearing), but not during discharge.

5. Conclusion

The Kerala High Court’s ruling in Stephin Raj v. State of Kerala is a significant affirmation of long-standing principles on the scope and nature of discharge proceedings. The court’s reasoned approach, guided by established precedents, clarifies that only prosecution materials can be considered at the discharge stage and reasserts that consent obtained by a false promise of marriage may constitute rape under the IPC.

Going forward, practitioners, defendants, and litigants must understand that questions about the quality of consent or any alleged consensual nature of the relationship are typically reserved for a full trial, where witness testimonies and cross-examination can be conducted. Additionally, the court’s confirmation that an accused cannot introduce independent documents to secure discharge ensures that discharge proceedings remain streamlined and distinct from the ultimate adjudication on merits. This Judgment stands as a cautionary reminder that attempts to preempt a trial will generally not succeed where prima facie evidence supports the prosecution’s case.