Deceitfully obtaining sex violates standards of uniformed services: Delhi HC

The Delhi High Court has upheld the dismissal of a Border Security Force (BSF) personnel found guilty of raping a dead BSF employee’s wife

The Delhi High Court has upheld the dismissal of a Border Security Force (BSF) personnel found guilty of raping a dead BSF employee’s wife, saying that deceitfully coercing a force member’s widow into a physical relationship under a false promise of marriage violates the standards and honour expected of the uniformed services.

A bench of justices C Hari Shankar and Om Prakash Shukla delivered the ruling last month, while dealing with the plea of a BSF personnel who was dismissed from service following his conviction in a rape and forgery case. (HT Archive)

A bench of justices C Hari Shankar and Om Prakash Shukla delivered the ruling last month, while dealing with the plea of a BSF personnel who was dismissed from service following his conviction in a rape and forgery case.

The dismissal had stemmed from a complaint filed by a BSF employee’s widow, employed as a mahila constable in the force, in 2019 alleging that the man had deceitfully induced her into believing that he was a widower by forging the death certificate of his wife, who was still alive, and established physical relationship on false promise of marriage. The woman in her complaint alleged that the man harassed, blackmailed and threatened to morph her photographs.

The General Security Force Court (GSFC) found him guilty of rape and forgery and sentenced him to two years’ imprisonment along with dismissal from service. His imprisonment was later enhanced to 10 years upon a revision by GCFC.

The man in his petition before the high court said that the relationship between the two was consensual and there was no occasion for any allegation to be levelled by the woman. He said that the trial was conducted in violation of the principles of natural justice and the enhancement of corporal punishment was done in a mechanical and arbitrary manner.

The Centre opposed the petition saying that GSFC had awarded the man the full opportunity of being heard and the “purported consent” was obtained by deceit and fraud by misrepresenting his marital status.

Upholding the dismissal, the bench in its July 25 ruling, released in August, said, “The act of deceitfully inducing a woman, particularly the widow of a deceased Force member, is highly deplorable. The act attributed to the petitioner is highly condemnable and militates against the standards of discipline, integrity and the honour expected of the Uniformed Services and as such the quantum of punishment appears to be commensurate and proportionate to the acts and demeanour of the petitioner.”

The court said that the trial was conducted in a fair manner and GSFC awarded him full opportunity of being heard.

The court in its 31-page verdict authored by justice OP Shukla also shot down the personnel’s contention that the relationship between the two was consensual, saying that the consent was obtained by “deceit” and “fraud” since he deliberately misrepresented his marital status and created a false narrative of being a widower. The consent, the judges said, was tainted and GSFC’s findings on rape were based on cogent evidence which was corroborated by documentary records and witnesses oral testimonies.

“So this court has no hesitation in holding that the plea of consensual relationship by the petitioner is ill-founded and GSFC’s findings on rape are based on overwhelming cogent evidence, corroborated by documentary records, admissions and oral testimonies of the witnesses,” the court said.