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‘Marriage no excuse’: Delhi Court convicts man of raping woman he later wed
New Delhi : A man, who married a woman whom he raped, was convicted of the offence by a Delhi court, which noted that marriage between the two should not come in the way of holding the accused guilty.
The order comes in a case whereby the woman had allegedly been raped by the man twice — first on January 21, 2010 and then on November 10, 2011.
In January, the man had laced the woman’s drink with sedatives and raped her at his house. The second incident of rape took place after their marriage on February 2, 2010. This time, the man forced himself on his wife.
This incident was “to the knowledge of the man’s mother and another person”.
Convicting the man, Additional Sessions Judge Virender Bhat said, “The two rape incidents cannot be disbelieved merely for the reason that the victim had married the accused. It appears that the victim consented to marry the accused only because of the rape incident, and therefore, it cannot be taken that the marriage nullifies the incident of rape.”
The court also convicted the man and his mother of abetment to rape and criminal intimidation and said,
“Firstly, the offence of rape is not compoundable, and secondly, the rape victim may have considered it appropriate to marry her assailant as it would not be easy for her to find a suitable match in a society where the rape victim is looked down upon.”
Observing that marriage should not come in the way of holding the accused guilty, the court said, “In the instant case, the marriage appears to be only an eyewash. They did not fulfil any matrimonial obligation… he was always brutal and barbaric towards her and never considered her his wife.”
The court relied on the testimonies of the victim and her brother in awarding the conviction.
“The victim’s testimony is credible, trustworthy and inspiring confidence. Her version is corroborated by her brother. Their deposition is patently free of embellishment,” the court said.
- See more at: http://indianexpress.com/article/cities/delhi/marriage-no-excuse-delhi-court-convicts-man-of-raping-woman-he-later-wed/#sthash.Fr4doCmH.dpuf
The order comes in a case whereby the woman had allegedly been raped by the man twice — first on January 21, 2010 and then on November 10, 2011.
In January, the man had laced the woman’s drink with sedatives and raped her at his house. The second incident of rape took place after their marriage on February 2, 2010. This time, the man forced himself on his wife.
This incident was “to the knowledge of the man’s mother and another person”.
Convicting the man, Additional Sessions Judge Virender Bhat said, “The two rape incidents cannot be disbelieved merely for the reason that the victim had married the accused. It appears that the victim consented to marry the accused only because of the rape incident, and therefore, it cannot be taken that the marriage nullifies the incident of rape.”
The court also convicted the man and his mother of abetment to rape and criminal intimidation and said,
“Firstly, the offence of rape is not compoundable, and secondly, the rape victim may have considered it appropriate to marry her assailant as it would not be easy for her to find a suitable match in a society where the rape victim is looked down upon.”
Observing that marriage should not come in the way of holding the accused guilty, the court said, “In the instant case, the marriage appears to be only an eyewash. They did not fulfil any matrimonial obligation… he was always brutal and barbaric towards her and never considered her his wife.”
The court relied on the testimonies of the victim and her brother in awarding the conviction.
“The victim’s testimony is credible, trustworthy and inspiring confidence. Her version is corroborated by her brother. Their deposition is patently free of embellishment,” the court said.
- See more at: http://indianexpress.com/article/cities/delhi/marriage-no-excuse-delhi-court-convicts-man-of-raping-woman-he-later-wed/#sthash.Fr4doCmH.dpuf
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