Delhi court convicts man guilty of rape on false promise of marriage | Delhi News

Delhi court convicts man guilty of rape on false promise of marriage
Man guilty of repeated rape on false marriage promise, says Delhi court (File Photo)

NEW DELHI: A Delhi court has convicted a man for repeatedly raping a woman after luring her into a relationship on the false promise of marriage, observing that the assurance was driven by “clandestine motives to satisfy his lust” and could not constitute valid consent. Additional Sessions Judge Kapil Kumar, in an order dated April 9, held Mohit Rajpal guilty, noting that the consent of the prosecutrix was vitiated by a “misconception of fact”. “It is proved that the promise of marriage extended by the accused to prosecutrix was a false promise to marriage and made with clandestine motives to satisfy his lust without having any intention to honour the same since inception,” the court said. According to the prosecution, the accused established physical relations with the woman between 2016 and 2018 by falsely assuring her of marriage. A case was registered under IPC Sections 376(2) (aggravated rape), 377 (unnatural offences), 313 (carrying miscarriage without consent) and 506 (criminal intimidation). The court observed that the promise was dishonest from the outset and was used as a tool to obtain her consent. “The false promise to marriage extended by the accused was the sole reason for the prosecutrix to consent to repeated physical relations with the accused,” the judge said. The survivor had alleged that the accused also subjected her to forced sexual acts, coerced her into terminating a pregnancy, and threatened her with dire consequences if she pursued legal action. “The consent of prosecutrix for physical relations proved not to be free consent, being vitiated for the misconception of fact in her mind consequent to false promise to marriage extended to her by accused,” the court said. Reiterating settled legal principles, the court noted that a conviction in sexual offence cases can be based solely on the testimony of the prosecutrix if it is credible and trustworthy. Rejecting the defence’s claim that the relationship was consensual, the court held that consent obtained on a false promise of marriage does not amount to free consent. The accused denied the allegations and claimed he had been falsely implicated, also alleging that the woman attempted to extort money from him. However, the court found the prosecutrix’s testimony consistent and reliable. “It is also proved on record that the accused had specific knowledge that the prosecutrix consented to physical relations with him because of a misconception in her mind for the reason for the promise of marriage extended to her by him,” the court said. While acquitting the accused of charges under Sections 377, 313 and 506 IPC, the court convicted him for repeated rape. The matter has been listed for a later date for arguments on the quantum of sentence.

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