the victim are married persons. A reading of the FIS would show that the accused and the victim went to several places, resided together in lodges and had consensual sex. It would further show that both of them lived together in two rented houses for months and had consensual sex. It is true, in one of the cases (Crime No.314/2022) there is an allegation of forceful sex. However, on evaluation of the entire case of the victim and on a reading of the entire records, it would show that the sex the victim had with the accused was purely consensual in nature. She alleges that she consented for sex persuaded by the false promise of marriage given by the accused. Recently, this Court in XXX v . State of Kerala (2022 KHC 296) has held that the promise alleged to have been made by the accused to a married woman that he would marry her is a promise which is not enforceable in law. Such an unenforceable and illegal promise cannot be a basis for the prosecution under Section 376 of IPC. Here, no question of promise to marry arise, since, the victim is a married woman and the accused is a married man and she knew
