Order for rape case against an army doctor who sexually assaulted a minor after marrying her

A Metropolitan Magistrate's Court at Delhi's Karkardooma Court has ordered a rape case against an army doctor on the complaint of an Afghan woman.                            The alleged rape was committed by the accused when he was serving as an army doctor in Afghanistan and was posted at Indira Gandhi Hospital in Kabul.The complainant woman was below 17 years of age at that time and she Worked as a interpreters at Indira Gandhi Hospital.Army doctor converted to Islam in 2006 and married woman as per Islamic practice.                                                                         The woman claims that after marriage, they started living like husband and wife in a rented house in Kabul, the capital of Afghanistan.After a few weeks, the accused doctor came to India in connection with work related to his job and did not return to Kabul after that.After some time, the accused informed the woman that he was already married and was the father of two children.After that the accused stopped receiving the calls of the woman and her family members.                      In the complaint, the woman has said that under such circumstances she came to India in 2009 and lodged a complaint of domestic violence against the accused.The woman tried to get justice by filing a petition in several courts including the Delhi High Court, finally The hard work of the woman paid off and after 14 years, a Delhi court has ordered to run a case of rape along with other sections of the IPC on the complaint of the woman.                 The Court of Metropolitan Magistrate Sonika after perusing the evidence on record and hearing the arguments of both the parties observed that The accused had married a minor by hiding his first marriage.The Magistrate has said in the order that the accused should be prosecuted for rape because the woman consented to have sex and accepted the accused as her husband while the accused refused to accept the woman as his wife.Apart from this, this marriage is also invalid from the legal point of view.The complainant woman had placed on record before the court the video CDs and photographs of the marriage ceremony between her and the accused which were made at the time of marriage.The court observed that the genuineness of the video CD is verified by the FSL test.                                                                 Since the Court of Session has the jurisdiction to take cognizance of the case and frame charges, the Court of Metropolitan Magistrate has transferred the case to the Court of Session for further proceedings.