NAGPUR: The Nagpur bench of Bombay HC last week upheld the rape conviction of a man for sexually assaulting a minor under pretext of marriage. The court ruled a false promise amounts to “misconception of fact” that invalidates a girl’s consent, reports Vaibhav Ganjapure.
Justice Urmila Joshi-Phalke rejected the accused’s argument the girl had willingly engaged in sexual relations. A minor’s consent is legally irrelevant, HC said. “The accused misled her by promising marriage,” she observed.
Following the 16-year-old’s complaint, FIR was lodged in May 2019. The girl said the accused sexually exploited her multiple times after promising to marry her. But when she conceived and approached him for marriage, the man refused. The accused was convicted by a special Pocso court and sentenced to 10 years of rigorous imprisonment.
He had challenegd the decision. Challenging the decision, he said claimed the relationship was consensual. Justice Joshi-Phalke held the accused’s intentions were dishonest from the outset. “It is not merely a case of breach of promise, but of seduction as well. A false promise was made, and the survivor was subjected to sexual assault.
Since the survivor was below 16 years, her consent is not relevant. She was under the misconception that he intended to marry her and, therefore, she submitted to sexual intercourse,” the order said. The judge remarked that the DNA report corroborated the survivor’s testimony, strengthening the prosecution’s case.
Justice Joshi-Phalke also underlined that the accused failed to present evidence demonstrating he genuinely intended to marry the survivor at any point. The court concluded the accused’s conduct reflected a “culpable mental state” involving intention, motive, and knowledge, leaving no doubt about his guilt, and affirmed the sentence imposed by the Bhandara Pocso court.