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This is an archive article published on March 29, 2013

Man rapes relative,threatens her with nude photos,violates her repeatedly

The court noted that the woman had given birth to Kumar's child which was confirmed by a DNA test.

A Delhi court today sentenced a 29-year-old businessman to eight years in jail for raping a married relative and threatening to post her nude photographs on Internet,saying he had not only betrayed her trust but also repeated the heinous crime.

A fast track court presided by Additional Sessions Judge T R Naval awarded the jail term to Delhi resident Lokesh Kumar for repeatedly raping the 21-year-old victim after giving her tea laced with sedatives and also threatening to kill her parents.

The court noted that the woman had given birth to Kumar’s child which was confirmed by a DNA test.

“Accused (Kumar) had not only betrayed the trust reposed in him by his brother-in-law and sister-in-law (victim) but also repeated the heinous crime of rape knowing fully well that she was the wife of his brother-in-law who was his employee,” the court said.

It also imposed a fine of over Rs 1.10 lakh on Kumar,a father of four kids,and said that if the amount is realised,Rs 75,000 should be given as compensation to the victim.

According to the prosecution,Kumar had raped the wife of his brother-in-law who used to live in the same house in May 2010 after mixing stupefying substance in her tea.

The incident took place when the woman’s husband was not at home and the accused called her to his room to make tea for him. He again asked her to make another cup of tea and in her absence,he mixed some substance in her tea,it said.

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The police said she became unconscious after consuming tea and Kumar raped her and also took her nude photographs. Thereafter,he used to rape her repeatedly after threatening to make her photographs public and also kill her parents.

In October 2010,when she became unwell and went to her parents’ house,she disclosed the facts and also gave birth to Kumar’s child,it said,adding that a case was registered against the accused in April 2011 and he was arrested.

During the trial,Kumar admitted of having physical relations with the woman and that it was his child but denied the charge of raping her.

Kumar had claimed he was financially supporting the woman and her parents and also gave them Rs two lakh but when he stopped giving them money,they lodged a false case against him.

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The judge said it has been proved that Rs two lakh were given by Kumar to the woman for the welfare of their child and that he had threatened her not to disclose anything to anyone otherwise he will put per nude photographs on Internet and kill her parents.

The court also said the victim’s statement was “reliable and trustworthy” and it was proved that after consuming tea,she became unconscious and became prey of the offence of rape.

It dismissed Kumar’s plea that the woman was a consenting party in the sexual act,saying,”It has become clear that non resistance of the victim either due to influence of intoxication or due to fear or threat cannot be treated as a valid consent for sexual relations by the accused with her.”

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