Accused marrying rape victims to evade prosecution only to desert them later a 'disturbing pattern': Delhi HC

The high court said 'shockingly' numerous such cases have come to light.

The Delhi High Court Wednesday refused to quash an FIR against a man accused of impregnating a minor girl, observing that an "alarming" scenario has emerged where a person accused of raping a woman marries the victim just to evade criminal charges and “heartlessly" deserts her after having got immunity from prosecution. The high court said, "shockingly", numerous cases have come to light where the accused "deceitfully" marries the woman, apparently voluntarily, particularly when the victim becomes pregnant as a result of the sexual assault, and deserts her once the FIR has been quashed.

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The court was hearing a case where the alleged perpetrator, a Muslim man, had established sexual relationship with a minor girl from the community, and cited Muslim personal laws in an effort to dodge trial under the Protection of Children from Sexual Offences (POCSO) Act and other penal provisions of IPC.

“.....this is an alarming scenario that serves as a stark reminder. In certain instances, following a sexual assault, a disturbing pattern emerges where the accused marries the victim, seemingly to evade criminal charges, only to promptly abandon the victim once the FIR is quashed or bail is secured,” Justice Swarana Kanta Sharma said in a judgement.

The high court passed the verdict while refusing to quash an FIR against a man who was accused of raping a minor girl to whom he later got married when she became pregnant.

“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 solemnisation of marriage and subsequent immunity from criminal prosecution, the accused heartlessly deserts the victim within a few months,” the judge said.

The high court said there are specific allegations in the FIR as well as in the girl’s statement recorded before a magistrate that the accused had taken her to a guest house at Sarai Kale Khan and sexually assaulted her. It noted there were specific allegations that he clicked "inappropriate" photographs and videos and constantly threatened to post them on social media while sexually assaulting her resulting in pregnancy.

“It is not in dispute that due to this sexual assault in the year 2021, the victim had conceived and was pregnant at the time of registration of present FIR,” the court said.

When the girl’s mother came to know about her pregnancy, the victim disclosed that she had been sexually assaulted by the accused.

“It is therefore, prima facie clear that the sexual assault had taken place in the year 2021, whereas 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 that the victim was pregnant (with). Throughout this entire period, it was not in dispute that the victim was minor," the court said.

The court said the ‘Nikahnama’ (marriage deed) of April 9, 2021 also proved that the nikah had taken place on that day, which is much after the allegations of sexual assault had been made, and that the girl was still a minor at the time of her wedding.