Thane court hands 20-year prison term to man for raping minor on marriage promise

What Happened

A special court in Maharashtra's Thane district has sentenced a 35-year-old painter named Shrinivas Ashok Yelgonda 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 under the Indian Penal Code and the Protection of Children from Sexual Offences Act. The victim and the accused lived in the same housing society in Diva East and became acquainted in June 2020 through phone chats. The accused first assaulted the minor in November 2020 inside a neighbour's vacant apartment and continued the abuse on several occasions. The crime came to light in February 2022 after a dispute broke out when the accused refused to marry her.

Trial and Arguments

During the trial, the prosecution examined four witnesses, including the survivor, her mother, and a neighbour. The defence argued that there was an unexplained delay in filing the FIR in 2022 and that the exact dates of the recurring assaults were missing. However, the court checked the survivor's birth certificate and school leaving certificate to confirm she was a child under 18 years old during most of the abuse, meaning her legal consent did not matter. The judge noted that the victim kept the relationship hidden from her parents because she truly believed the accused would marry her. The court also observed that the delay by the family in going to the police was natural due to social stigma and concerns about the future of an unmarried girl. The judge stated that while there was no evidence of brutal force or premeditated attack, the law required a minimum 20-year term. Along with the prison sentence, the court ordered the convict to pay a fine of 5,000 rupees.

Context

Courts in India apply strict legal standards under the POCSO Act to protect minors, where a victim's age under 18 years makes any agreement or consent legally invalid. Cases involving false promises of marriage often highlight the complex social pressures victims face when reporting crimes to authorities. Legal proceedings in such matters rely heavily on documentary proof like school certificates to establish the age of the survivor.