As to sexual intercourse on the promise of

As per the prosecution case victim, who is blind and an
illiterate girl, was subjected to sexual intercourse on the promise of
marriage.

2. The
case of the prosecution in brief is that the victim was residing with her
father at Shahdara, New Delhi. Her mother had died, thereafter, the victim was
living with her two brothers Navdeep and Vaibhav. Along with brother of victim
Vaibhav, the accused Yogesh was also studying. Because of the friendship, the
accused used to visit the house of the victim and was in conversation with her.
It is the case of the prosecution that when the victim used to remain alone in
her house, the accused used to visit her and expressed her that he is in love
with her. Further,  about one year before
the incident, the accused came to the house of the victim when she was alone.
Thereafter, the accused had told her that he is in love with her and will marry
her and wanted to commit sexual intercourse with her. The victim tried to avoid
it since she was a blind girl, but the victim was told by the accused that he
will marry her and will give her all support and, therefore, she submitted
herself to the accused. Thereafter, the accused committed sexual intercourse
with her. By such course of action, when the victim became pregnant, the victim
asked the accused to marry her. At that point of time, the accused stopped visiting
the house of the victim. Subsequent to it, the incident was disclosed to the
father of the victim who called the father of the accused. Accused was also
called and he admitted the fact that he had committed sexual intercourse with
the victim but refused to marry her. It was the specific case of prosecution
that though the victim was blind, she could recognize the accused person by his
voice and by touch.

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3. The
FIR NO.  4576 of 2017 was registered at Shahdara police
station under section  376 of Indian
Penal Code,1860.

4. The
matter was investigated by the police and the victim was also subjected to
medical examination . Number of witnesses was examined from the prosecution
side including the Doctor PW-4 who submitted the medical examination report (Ex.P1
and P2) and the radiologist PW-5 who obtained X-Ray of the victim and gave his
report (Ex. P3) confirming the age of the victim as approximately 16 years.
Medical examination of the accused was also conducted by the Investiagtion
Officer  to prove the allegations made by
the prosecution(Ex. P4). The victim was also examined as PW-1, who narrated the
entire incident and the manner in which she was subjected to sexual abuse. The
Investigation officer also examined the brother’s of victim Navdeep PW-2 and
Vaibhav PW-3. During investigation the accused was called and he admitted the
fact that he had sexual intercourse with the victim with her consent.