A sessions court on Friday sentenced a man to three-and-a-half years in jail for trying to sexually assault his wife back in 2017 when she was his girlfriend and their marriage was on the cards. The verdict assumes significance as conviction is rare in cases where the victim and the rape accused have got married.
Witness Testimony and Evidence of Assault
In her testimony four years after the incident, the girl, 21 then, had told the court that they were in a relationship when the offence took place. She informed the court that her family members were aware of the relationship and that their marriage was on hold as the convict didn't have a job then.
The woman stood with her police complaint and narrated to the court how the man had called her to a factory where he worked and tried to sexually assault her. She had picked up a blade and hurt him on his private part before escaping. She had then narrated the incident to her family members and a police complaint was filed immediately. During cross-examination, the victim told the court that the duo wasn't in an intimate relationship before the incident.
Prosecutor Geeta Sharma said a witness, in whose home the convict lived, specified about blood stains seen in the room. The witness had also told that the kin of the man had also described how the man sustained injury during his sexual assault bid, added the witness.
Marriage Not a Ground for Leniency
The man’s advocate, SK Ali, had sought leniency on the grounds that he had married the victim and the couple had a young child. Prosecutor Sharma had submitted that if leniency is shown on such a ground, then every accused will perform marriage to get the benefit.
Special Judge AB Sharma said that when the court has reached the conclusion that the accused is guilty, the aspect of the subsequent event that he married the victim, will not go to his rescue. The order read that the court can't assume to itself the power to pardon his act in the light of subsequent events. Considering the man's age and the fact that he isn't a past convict, the court imposed minimum punishment.
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