31-year-old gets 10-year jail term for raping, impregnating minor girl

31-year-old man sentenced to 10 years for raping and impregnating a 17-year-old girl after promising to marry her. Accused cited Muslim faith and existing marriage in defense, but court found him guilty.

MUMBAI: A special POCSO court on Friday sentenced a 31-year-old Kurla resident to 10 years of rigorous imprisonment for raping and impregnating a 17-year-old girl.

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According to the prosecution, the girl lived with her mother and two sisters. Her elder sister’s illness meant frequent hospital visits for treatment, leaving the girl alone at home while her younger sister attended school. In January 2018, the accused, who worked at a nearby mobile shop and was acquainted with the girl’s mother, befriended her on social media. Eventually, the girl fell in love with the accused. In February 2018, the accused visited her house when she was alone. When he asked her to establish physical relations with him, she informed him that she was a minor and that she was not interested in such an act.

However, the accused, promising to marry her, had physical relations with her on multiple occasions. In July 2018, when the mother took the girl to Sion Hospital, it was found that the girl was 18 weeks pregnant. With the child’s and the mother’s consent, the pregnancy was terminated. Initially, the girl did not disclose the incidents leading to her pregnancy to the police. However, she told them everything when they insisted later. Subsequently, an FIR was lodged at Dharavi Police Station.

The advocate representing the accused argued that his client was wrongly accused, as the girl consistently claimed to be over eighteen, implying consent in their relationship. Furthermore, he cited their shared Muslim faith, which permits men to have up to four wives concurrently. The accused disclosed his previous marriage to the victim and remains willing to marry her, despite her reluctance based on his existing marital status.

The prosecution emphasised that even if the accused had expressed intentions of marrying the girl and disclosed his marital status, he needed to wait until she reached adulthood before engaging in physical relations.

After considering the arguments, special judge CV Patil remarked during the verdict, “While the law prohibits minors from marrying, it’s implausible that the victim, given her age, would have consented to marry the accused, who is already married with two children. Instead, it’s more likely that the accused falsely promised marriage to the victim, taking advantage of her age, and subsequently engaged in physical relations, resulting in her pregnancy.”

The accused was convicted for committing offence punishable under section 376 (rape) of the Indian Penal Code, 1860, and sections 4 (penetrative sexual assault.), 8 (sexual assault.), 12 (sexual harassment.), 5 (aggravated penetrative sexual assault) and 6 (aggravated penetrative sexual assault) of the POCSO Act, 2012.