The Kerala High Court recently dismissed a plea to quash a rape case against a 59-year-old priest who had allegThe petitioner approached the Kerala High Court for quashing the case since his relationship with the complainant was consensual, and there were no elements of force or deceit involved. In addition to this, he argued that it would amount to an abuse of the process of law, whereas he claimed that the lady was merely attempting to vitiate his reputation. The main argument of the defense was that it could not be criminal for consenting adults to engage in sexual intercourse if a promise previously made by one party to marry was afterwards withdrawn. That apart, the High Court summarily rejected all such contentions holding that in the case before it prima facie evidence had been adduced warranting a trial. It was further observed by the Court that the allegations made by the woman indicated the fact that the priest had indulged in sexual relations with her by making a false promise of marriage which, under the Indian law, amounted to rape. Section 375 of the Indian Penal Code specifically defines rape and considers cases where consent has been acquired under a misconception of fact. In cases of misrepresentation to a woman for sexual activity, where there is a promise of marriage, courts have often held that such consent not being free and voluntary is really a form of deception. The Kerala High Court also ruled that the allegations made by the woman could not be dismissed as trivial and necessitated a proper trial. The court then held that at the stage of quashing a case, the court should not normally regard weight upon any evidence or weigh it, but determine whether the allegations were true or false and whether, on the face of it, the complaint establishes prima facie case against the accused, and in its opinion, the woman's allegations were enough to warrant continuation of the trial.edly promised to marry a woman only to rape her. The case had been initiated after the woman complained that the priest had been having sexual relations with her while under false pretenses of marrying her. He had promised to marry her, but failed to do so, leading her to lodge the complaint that eventually resulted in his prosecution.