A senior Army doctor will be prosecuted for rape after a Delhi court order. An Afghan woman claimed that the accused had married her in Kabul in 2006, while concealing his first marriage. The woman was just 16 years old at the time. She filed a Domestic Violence Case against him when he did not return to Kabul and later a complaint case. The case went through various judicial forums, including the Delhi High Court and trial courts, before a magisterial court passed an order that the army doctor be tried for rape under 376 of the IPC.
The complainant had alleged that the accused had entered into sexual intercourse with her, and the accused had admitted his marriage with some other person at the time of the alleged offence. The magistrate noted that the complainant had placed on record the CD containing the video of the marriage solemnisation function between her and the accused. The genuineness of the video was established by FSL examination.
The magistrate agreed with the contention raised by Counsel for the complainant and is of opinion that the accused should also be tried for an offence under Section 376 IPC in addition to other offences. The trial court listed the matter for scrutiny of documents on April 25. During the hearing of the case, advocates contended that there is sufficient material on record to frame against the accused under IPC sections 494, 495, 496, and additionally 376 as the accused had committed sexual intercourse with the complainant who gave her consent under the impression that the accused is her husband.
The advocate for the officer had raised a preliminary objection on the jurisdiction of the court to deal with the case.
