Rape Accused Marrying Survivour To Avoid Charges Is Alarming: Delhi HC

The Delhi High Court has raised concern over the increase in cases where the rape accused decides to marry the survivor to evade criminal charges and then "heartlessly" abandons her after the case is dismissed due to a compromise.

The court noted that "shockingly" several such cases had come to light while hearing a case where the rape accused, Mohammed Amaan, established a sexual relationship with a minor girl from his community and then cited Muslim personal laws to evade charges and trial under the Protection of Children from Sexual Offences (POCSO) Act and other related acts under the Indian Penal Code (IPC).

Delhi Court On Rape Accused Marrying Survivor

Justice Swana Kanta Sharma stated that this was an alarming scenario that served as a reminder. She went on to explain how, in certain cases, following a sexual assault, a pattern emerges where the accused agrees to marry the survivor to dodge criminal charges and then deserts the woman only after the FIR is dismissed or bail is granted.

Delhi High Court refused to dismiss the FIR against Amaan, who has been charged with raping a minor and marrying her after getting her pregnant to evade criminal charges.

Justice Sharma pointed out that shockingly, several such cases have come to light where the accused meticulously plotted a plan where they married the survivor who became pregnant as a result of the sexual assault, and DNA testing confirmed them as the biological father.

After marriage, the accused gains immunity from criminal charges and then heartlessly deserts the survivor within a few months.

Noting this, the Judge said that the prima facie evidence was clear that the sexual assault had happened in 2021 and that social pressure and pressure from the survivor’s mother had led to the accused getting married to the minor girl. The accused was the biological father of the child that the survivor was carrying. 

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