NAGPUR: Nagpur Bank of Bombay HC last week confirmed the condemns for violation of a man for sexually assaulting a minor with a pretext of marriage. The Court ruled that a false promise is equivalent to “erroneous concept of facts” that invalidates the consent of a girl, reports Vaibhav Ganjapure.
Judge Urmila Joshi-Palke rejected the defendant’s argument that the girl had voluntarily participated in sexual relations. The consent of a minor is legally irrelevant, HC said. “The defendant cheated her for a promising marriage,” he observed.
After the complaint of the 16 -year -old, FIR was presented in May 2019. The girl said that the defendant exploded her sexually several times after promising to marry her. But when she conceived and approached her for marriage, the man refused. The defendant was convicted by a special court in Pocso and sentenced to 10 years in rigorous prison.
He had challenged the decision. Challenging the decision, he said he said the relationship was agreed. Judge Joshi-Falke said that the defendant’s intentions were dishonest from the beginning. “It is not simply a case of breach of the promise, but also of seduction. A false promise was made, and the survivor was subjected to sexual aggression.
Since the survivor was less than 16 years, his consent is not relevant. He was under the wrong idea that he intended to marry her and, therefore, underwent sexual relations, “said the order. The judge commented that the DNA report corroborated the testimony of the survivor, strengthening the case of the Prosecutor’s Office.
Judge Joshi-Falke also stressed that the defendant could not present evidence that demonstrated that he really intended to marry the survivor at any time. The court concluded that the defendant’s conduct reflected a “guilty state” that involves intention, reason and knowledge, without leaving his guilt, and affirmed the sentence imposed by the Bhandara Pocso Court.