The court said that after maintaining physical relations with the Muslim girl for over two years, Deepak Dogra refused to marry her and to save himself from legal punishment, he went through "farce of marriage ceremony" despite knowing that it was neither lawful nor valid.
"It is clear from the girl's evidence that a farce of marriage ceremony was conducted in a temple by Deepak and they exchanged garlands and he had put vermilion on her head.
"This indicates that he never had any intention to marry her. Knowing fully well that he is a Hindu and the girl is a Muslim and the fact that the marriage cannot be solemnised without a priest, the accused went ahead with the farce of the marriage ceremony even after being told by a priest that the marriage is not performed in that temple," Additional Sessions Judge Nivedita Anil Sharma said.
The court also awarded a compensation of Rs one lakh to the girl under the Delhi Victims Compensation Scheme.
It also imposed a fine of Rs 60,000 on Mubarakpur- resident Deepak stating that if realised the amount should be given to the victim as compensation.
According to the prosecution, the 20-year-old girl had lodged a complaint against Deepak in October, 2010 alleging that he had raped her several times in a factory and at her house for over two years on false promise of marriage.
She had told the police that 21-year-old Deepak, residing in her neighbourhood, had assured her that he would marry her but after she became pregnant, he refused to do so and also asked her to abort the child.
After his refusal, the victim approached the police and in order to save himself, Deepak along with his family members took her to a temple and exchanged garlands saying he has married her and left her after taking photographs as proof.
The court said, "Needless to mention here that Deepak is a Hindu and the girl is a Muslim and the two could not have married unless one of them converted to the religion of the other, or they got married under the Special Marriage Act."
The accused was held guilty for raping and fraudulently performing marriage ceremony without lawful marriage.
Regarding the girl's consent in having physical relations with the accused, the judge said it was clear from her evidence that Deepak developed physical relations with her on the promise of marrying her after the marriage of his sister.
"Had he not so promised, she would not have allowed him to have physical relations with her...
"The girl reacted immediately upon coming to know that the accused has broken his promise to marry her and had been establishing sexual relations with her on the basis of false promise, implying thereby that her consent for the sexual act was obtained under a misconception of fact, thus constituting rape within the meaning of Section 375 IPC," the court added.
The convict had sought leniency on the ground that he was a factory worker and his family was dependent on him.
The court, however, refused to show leniency saying that he has raped a young woman who was helpless, defenceless, vulnerable and an easy prey and he has violated the sanctity of the relationship between them.
New Delhi: A youth has been sent to 10 years in jail by a fast track court for raping a girl on the false promise of marriage and leaving her after she became pregnant.
First Published: Sunday, February 17, 2013, 09:08