Unable to prove consent, youth gets seven years for ‘raping’ wife
8 Aug 2014 12:13 AM GMT
A 22-year-old youth has been convicted of raping his wife, even though the victim has admitted being married to him. The victim, after accusing the youth of having ‘non-consensual sex’ with her before they solemnised their marriage in a temple, has however said that she was ‘in love with him’ when the allegedly forcible acts of sex took place. Even though it could not fully ascertain whether or not the sexual acts were consensual or not, the Delhi court observed, ‘In the light of the amended law, the court has no option but to award minimum seven years of imprisonment.’
The case was filed by the parents of the victim, who found their daughter missing from home since afternoon of 10 February 2014. But the convicted boy had claimed that on the same day, when he was on duty, he had received a call from the victim. He added she had asked him to take her away, otherwise she would commit suicide, as her parents intended to marry her off somewhere else.
He further claimed that the victim had made a false statement in the court under the influence of her parents. Court has noted that since convict belonged to a different caste, the victim’s parents were against their marriage. ‘Consequently, victim decided to elope with the convict and marry him, ‘ said the court.
The victim had admitted in her cross-examination that she had solemnised marriage with accused on 20 February, 2013 in a temple. She further admitted that she had made a false statement in the court on 4 July, 2014 by deposing that she did not marry the convict.
The court, while awarding seven years of imprisonment, said that since victim was in love and intended to marry the accused, she might have intended to maintain physical relations with the accused after marriage but not prior to that. ‘So, I am of the considered opinion that prosecution has succeeded to establish that sexual intercourse with the victim was against her consent as defined under Section 375 of IPC, ‘ said the judge.
However, court also said that the convict was a young boy aged 22 years with no previous criminal antecedents. Because he candidly admitted that he had maintained physical relations with the victim, the court couldn’t take a more lenient approach.
The case was filed by the parents of the victim, who found their daughter missing from home since afternoon of 10 February 2014. But the convicted boy had claimed that on the same day, when he was on duty, he had received a call from the victim. He added she had asked him to take her away, otherwise she would commit suicide, as her parents intended to marry her off somewhere else.
He further claimed that the victim had made a false statement in the court under the influence of her parents. Court has noted that since convict belonged to a different caste, the victim’s parents were against their marriage. ‘Consequently, victim decided to elope with the convict and marry him, ‘ said the court.
The victim had admitted in her cross-examination that she had solemnised marriage with accused on 20 February, 2013 in a temple. She further admitted that she had made a false statement in the court on 4 July, 2014 by deposing that she did not marry the convict.
The court, while awarding seven years of imprisonment, said that since victim was in love and intended to marry the accused, she might have intended to maintain physical relations with the accused after marriage but not prior to that. ‘So, I am of the considered opinion that prosecution has succeeded to establish that sexual intercourse with the victim was against her consent as defined under Section 375 of IPC, ‘ said the judge.
However, court also said that the convict was a young boy aged 22 years with no previous criminal antecedents. Because he candidly admitted that he had maintained physical relations with the victim, the court couldn’t take a more lenient approach.
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