Disturbing Pattern Emerging Where Accused Marries Rape Victim To Evade Criminal Charges, Abandons Her Once FIR Is Quashed: Delhi High Court
1 year, 8 months ago

Disturbing Pattern Emerging Where Accused Marries Rape Victim To Evade Criminal Charges, Abandons Her Once FIR Is Quashed: Delhi High Court

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The Delhi High Court has said that a disturbing pattern is emerging where in certain instances, the accused marries the rape victim to evade criminal charges and promptly abandons her once the FIR is quashed or bail is secured. "Shockingly, numerous cases have come to light where the accused deceitfully enters into a marriage under the guise of willingness, particularly when the victim becomes pregnant as a result of the assault and subsequent DNA testing confirms the accused as the biological father, and even after solemnization of marriage and subsequent immunity from criminal prosecution, the accused heartlessly deserts the victim within a few months," said the court. Justice Sharma said it is prima facie clear that the sexual assault had taken place in 2021 and "due to social pressure which exists in many societies including India as the victim had become pregnant, the mother of victim had given in to the pressure of the accused to get her daughter married to him as he was the biological father of the child." On the argument that that parties in the present case will be governed by the Muslim personal laws and the POCSO Act will have no applicability, the court said the issue as to whether a Muslim girl attaining age of majority as per puberty after 15 years of age would be governed by the provisions of the POCSO Act or not, is pending for consideration and adjudication before the Apex Court.

History of this topic

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