New Delhi: Accepting a woman`s plea, the Delhi High Court has directed the trial court to proceed with the rape case against a man, who is already married, for having physical intimacy with her after making her believe that she was his legally wedded wife.
Setting aside the trial court`s order discharging Avinash Oram Kujur from the charge of rape levelled by the woman, Justice G P Mittal cited the Supreme Court judgement that when a person commits sexual intercourse with a woman making her believe that she is his wife, though she is not, the case would fall under IPC Section 375 (rape).
Terming the trial court`s order "illegal", the high court allowed the woman`s plea saying, "The approach of the Additional Sessions Judge in discharging Kujur on the ground that there was no prima facie case against him for the offence punishable under Section 376 IPC (rape) was illegal."
The court also directed the accused to appear before the trial court on April 1 for further proceedings in the case.
According to the woman, Kujur had made her believe that he was not married and that he had a liking for her. In 2005, the two got married. In July, 2010 she had pressurised Kujur to have a court marriage and an affidavit in this regard was sworn by the parties.
While going through some insurance documents, she got to know that the accused was already married, the woman claimed.
She said she had consented to sexual relationship with Kujur only because she had presumed that she was his legally wedded wife.
The trial court, however, had rejected her argument and held that she had consented for sexual intercourse with Kujur on her free will, and therefore, prima facie no rape case is made out.