Tuesday , November 29 2016
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Man convicted of rape on false marriage promise

rape

A man has been convicted of the charge of raping a woman on the false promise of marriage by a Delhi court which said he deliberately concealed the fact that he was already married and “exploited her not only sexually but financially also”.

“No doubt can be entertained regarding the fact that the accused befriended the prosecutrix and began sexual relations with her on the promise of marrying her while concealing from her that he is already married and having children. His intention was dishonest right since beginning,” Additional Sessions Judge Virender Bhat said.

The court, which is yet to pronounce the quantum of sentence, said, “The accused has exploited the woman not only sexually but financially also,” while noting that he had taken lakhs of rupees from her and disappeared after that.

It said that the complainant, a Delhi resident, who was also married at that time, had clearly revealed her marital status to the convict.

“The woman, though was herself married at that time, had conveyed her marital status in clear terms to him. She not only believed that the accused is going to marry her but acted on this belief by persuading her husband in filing the joint petition for mutual divorce.

“Thus her consent to sexual relations with the accused is a tainted one and is hit by section 90 (consent given under fear or misconception) of the Indian Penal code. It is no consent in the eyes of law. Therefore, the acts of sexual intercourse between accused and the woman tantamount to rape,” the court said.

It also rejected the contention of the convict’s counsel that the complainant being a married lady, could not have been misled by any promise of marriage.

“The argument has no merit. A married lady, living separately from her husband for as long as 17 years, is as susceptible as an unmarried lady. Such a lady is always in need of true love and in search of a dependable partner with whom she may start her life afresh after desertion by her husband,” the court said.

According to the prosecution, a complaint was lodged in December 2013 by the woman, who had a love affair with the convict, alleging that he established physical relations with her on false promise of marriage and disappeared after taking money from her.