By IANS
New Delhi : A city court has sentenced a man to seven years of rigorous imprisonment for sexually exploiting his neighbour on a false promise of marriage.
“The so-called consent under a false promise to marriage is no consent. Accordingly, the consent obtained in establishing physical relationship like husband and wife under a false promise to marry is no consent as per law,” Additional Sessions Judge Mahavir Singhal said.
Even if the woman is assumed to be a willing partner in a physical relationship, the fact that the accused had no intention to marry her would make it a case where the consent was given under a misconception of fact, nullifying the efficacy of the nod, it observed in its recent order.
According to the prosecution, Chhotey Lal, father of six children, had eloped with his neighbour in east Delhi two years back and took her to various places including Jaipur and Chandigarh.
According to the victim, the duo established sexual relations after Lal assured that he would get married to her very soon. Meanwhile, her father told the police that his daughter was missing.
The police detained Lal and the woman on March 3, 2005 at the Sarai Kale Khan bus terminal on their return to Delhi and the accused was charged with rape after abducting the victim.
While the court acquitted Lal of the charge of abduction after noting that the girl had eloped with him on her own will, it found him guilty of the crime of rape.
“The girl was under misconception of fact that Lal would marry her, though he had no such intention despite having made a promise in this regard,” the court said, awarding him a seven-year jail term.