In a recent judgment, the Delhi High Court has shed light on a concerning trend where individuals accused of rape manipulate the legal system by marrying their victims, only to abandon them after securing immunity from prosecution. The court termed this pattern "alarming" and emphasized that numerous cases have come to light where the accused deceitfully enter into a marriage with the victim, particularly when pregnancy results from the assault and DNA testing confirms their paternity. Once the FIR is quashed or bail is granted, these perpetrators heartlessly desert the victims within a few months.
Brief Facts:
The case before the court involved a 17-year-old girl who alleged that she was sexually assaulted by a 20-year-old man she met while attending tuition classes. The accused reportedly gave her an alcoholic substance and engaged in non-consensual physical relations with her at a guest house. He further blackmailed her, threatening to share inappropriate photographs on social media, which coerced her into continuing the abusive relationship.
Upon discovering her pregnancy in April 2021, the victim informed her mother, who subsequently contacted the accused. Allegedly, he then threatened both the victim and her mother and forced them to sign marriage documents. The accused began living with the victim in a rented accommodation, where the abuse persisted even after the so-called marriage. After the FIR was registered, the victim terminated her pregnancy.
The Delhi Police charged the man under Section 376 (rape) of the Indian Penal Code and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act.
Contentions of the Accused:
During the proceedings, the accused argued that the relationship between him and the victim was consensual and based on love. He claimed that they willingly married each other and that the victim's family maintained contact with him. Additionally, he contended that being Muslims, they should be governed by personal laws rather than the POCSO Act. However, the court noted that the allegations of sexual assault preceded the purported marriage and that the victim was still a minor at the time of the wedding.
Observations by the Court:
The court highlighted that the victim's statement and the FIR contained specific allegations of sexual assault, as well as evidence that the accused had taken her to a guest house and perpetrated the crime. It emphasized that the sexual assault occurred in 2021 and that the victim's mother succumbed to social pressure by agreeing to the marriage due to the victim's pregnancy. The court further stated that the consent of a minor holds no legal weight in cases of sexual relationships.
The decision by the Court:
Refusing to quash the FIR, the court concluded that the allegations against the accused were neither absurd nor improbable, indicating that the offence could indeed have taken place. It rejected the argument that the Muslim personal laws supersede the POCSO Act, as the issue is still pending before the Supreme Court. The court declined to delve into the validity of the marriage itself, focusing solely on the sexual assault allegations.
Case Name: Mohd. Amaan Malik V. State of NCT Delhi
Coram: Justice Swarna Kanta Sharma
Case No.: CRL.M.C. 7121/2022 & CRL.M.A. 8829/2023
Advocates of the Petitioners: Mr. Ankit Rana, Mr. Rahul Sand and Mr. Sudhir Kumar, Advocates.
Advocates of the Respondent: Mr. Manoj Pant, APP for the State with WSI Priya, P.S. Daryaganj.
Read Judgment @LatestLaws.com
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