Court Confirms Sentences Against Accused for Deceptive Marriage and Sexual Assault, Highlighting Consent Violations
In a significant ruling, the Delhi High Court, presided over by Justice Chandrasekharan Sudha, upheld the conviction and sentencing of four individuals involved in a notorious case of bigamy, fraudulent marriage, and sexual assault. The case, involving Smt. Bhagwan Devi and others, saw the court affirm the judgment of the Special Fast Track Court, Rohini, convicting the main accused, A1, under Sections 494, 495, 496, and 376 read with Section 120B of the Indian Penal Code (IPC), and the co-accused A2, A3, and A4 under Section 120B read with Section 376 IPC.
The prosecution established that in 2002, the main accused enticed a minor girl, aged 14, from her guardianship and later married her under false pretenses. Despite being already married, A1 misrepresented his marital status to the victim, leading to charges of bigamy and fraudulent marriage under Sections 494, 495, and 496 IPC. The court noted that the fraudulent concealment of A1's existing marriage invalidated the victim’s consent for sexual relations, thereby constituting rape under Section 376 IPC.
The court further confirmed the conspiracy charges against A2, A3, and A4, who were found to have facilitated the deception and subsequent offences. The judgment highlighted the coordinated actions of the accused, establishing a meeting of minds to deceive the victim.
A1 received a sentence of five years for each count of bigamy-related charges and seven years for the rape charge, along with fines. The co-accused received seven-year sentences for their roles in the conspiracy. The High Court dismissed the appeals, stating that the trial court's findings were based on a thorough examination of evidence and did not warrant interference.
The case underscores the legal stance that consent obtained through fraudulent representation, especially concerning marital status, does not constitute valid consent. The judgment reaffirms the judiciary's commitment to addressing consent violations and ensuring justice for victims of deception and sexual exploitation.
Bottom Line:
Conviction and sentencing for offences under Sections 494, 495, 496, 376 read with Section 120B IPC upheld. Consent obtained under false representation of marital status vitiates the consent for sexual relations.
Statutory provision(s): Sections 494, 495, 496, 376, 120B IPC, Section 232 Cr.P.C.
Smt Bhagwan Devi v. State, (Delhi) : Law Finder Doc id # 2854402
