Consent got by deceit amounts to rape: Court

A fast-track court has held a man guilty for raping a woman on the pretext of marriage, saying that a woman’s consent taken on the basis of deception and misconception is “no consent” in the eyes of law and the physical relations established between her and a man amounts to rape.

The court will pronounce its verdict in the coming week. The court said the accused had falsely made her believe that he was unmarried and would marry her after she divorced her husband. It said that the accused had no intention to marry her.

“The consent given by the prosecutrix to cohabitation with the accused can, by no means, said to be voluntary. It is clearly hit by Section 90 (consent known to be given under fear or misconception) of the Indian Penal Code and the said consent is no consent in the eyes of law as the same was obtained by the accused by practising deception and misconception. Therefore, acts of physical relations between the accused and prosecutrix tantamount to offence of rape as defined under Section 375 of the IPC. The accused is guilty of the offence of rape,” the court noted in its order.

The court said there were enough material on record to prove the guilt of the accused Naim Ahamed, a resident of Uttar Pradesh. According to the prosecution, the woman alleged that Naim, who was staying near her house, had befriended her six years ago and had concealed his marital status.

She alleged that he persuaded her to divorce her husband, with whom she had three kids, and after assuring to marry her, he started having physical relations with her.

When she got pregnant, he reiterated that he would marry her after she gives birth to their child, but when she divorced her husband, Naim started ignoring her and later went missing.

In 2012, when the victim went to his native place in his search, she got to know that the man was already married and had children.