Thane court sentences man to 20 years rigorous imprisonment for raping minor on promise of marriage

A special court in Maharashtra’s Thane district has sentenced a 35-year-old man to 20 years of rigorous imprisonment for repeatedly raping a minor girl after promising to marry her.

Additional Sessions Judge Premal S. Vithalani convicted the accused, Shrinivas Ashok Yelgonda, a painter, under relevant sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, noting that while the absence of violence and premeditation was a mitigating factor, the law mandated a minimum 20-year term.

According to the prosecution, the victim resided in the same housing society in Diva East as the accused, and the two became acquainted in June 2020 and subsequently developed a romantic relationship through phone chats.

Special public prosecutor Rekha Hiwrale stated that the accused first sexually assaulted the minor in November 2020 inside a neighbour’s vacant apartment by promising to marry her, and later raped her on several occasions. The abuse came to light in February 2022 when a dispute arose after the accused reneged on his promise to marry her.

Four prosecution witnesses, including the survivor, her mother and neighbour, were examined to prove the charges against the accused.

The defence argued that there was an unexplained delay in registering the FIR in 2022, and that exact dates of the recurring assaults were missing. However, relying on the survivor’s birth certificate and school leaving certificate, the court verified that she was a “child” under 18 years of age during the major part of the abuse timeline, rendering her legal consent immaterial.

“The evidence on record clearly establishes that the victim was under the bona fide impression that the accused would solemnise marriage with her, which led her to keep the relationship and the repeated physical intimacies concealed from her parents,” the judge observed.

The subsequent deliberation by the family before approaching the police is both natural and understandable given the social stigma, honour, and future of an unmarried girl, the court said.

It also noted that there was no evidence of brutal force, physical injury or premeditated sexual predation.

“While the victim’s minority under the age of 18 renders her consent legally ineffective and makes the conviction unavoidable, the romantic backdrop remains a vital and compelling mitigating factor in sentencing,” it stated.

The court sentenced the convict to 20 years of rigorous imprisonment and imposed a fine of ₹5,000.