PWD junior engineer convicted of raping his employee

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A junior engineer of Public Works Department (PWD) has been convicted by a Delhi court for raping his woman employee by concealing his marital status and obtaining her consent to establish physical relation.
Additional Sessions Judge Virender Bhat, while convicting Delhi resident Akshay Kumar, said that the consent given by the victim was "not voluntary but a tainted one based upon misconception of fact".
"The acts of sexual intercourse between the prosecutrix and the accused thus tantamount to rape and the accused is liable to be convicted under section 376 (rape) of IPC and hence convicted," the court, which is yet to pronounce the quantum of sentence, said.

It noted that, "it is manifest beyond doubt that the victim had given consent to the physical relation with him on the belief that he is a widower and would marry her."
The judge said that the woman would not have consented to physical relations with the accused if he had not concealed his actual marital status from her.
"Therefore, she had given consent under the misconception of fact about which the accused was conscious," the court said.

It discarded the testimony of the mother and brother of the accused claiming the woman was aware of the marital status.
"It appears that they have stepped into the witness box with a concocted story in their mind in order to shield the accused being closely related to them," it said.

The court also relied on the DNA reports of woman's twin daughters to establish that the accused fathered them.
According to prosecution, Kumar, who was working as junior engineer with PWD had privately employed the woman, a divorcee, to assist him in his office work.
Kumar later presented himself as widower and established physical relation with the woman on the pretext of marrying her. They performed symbolic marriage at a temple after which the woman gave birth to twin daughters, it said.
Kumar, however, refused to get the marriage registered, after which the woman lodged a complaint against him.
During the trial, Kumar confessed having physical relation with the woman but said that it was established with mutual consent. He also alleged that the woman has stolen his money.