Delhi court acquits man accused of kidnapping, raping minor

A Delhi court has aquitted a man of the charges of raping a minor girl for five months after kidnapping her, saying that she was ravished all through was "not believable and trustworthy".

"The evidence of the prosecutrix (girl) indicates that for about five months or so she remained with the accused who took rooms on rent while the accused was working to earn his livelihood. The evidence of the prosecutrix that she was raped all through without her consent is not believable and trustworthy," additional sessions judge Dharmesh Sharma said.
 
Acquitting accused Joginder of kidnapping charge, the court said the testimony of the girl that she was induced by the accused to elope with him was "not credible". 

"The accused by complying with her wishes can by no stretch of imagination be said to have taken her out of keeping of her lawful guardian. The part played by the accused could be regarded as facilitating the fulfillment of the intention of the girl," it said.

It also noted that she was more than 16 years of age and living in an urban area and it was not fathomable that she could have been allured by the accused in leaving the company of her family members.

A missing report was lodged with the Moti Nagar police station here in November 2004 by the girl's brother. 

The girl alleged that on November 16, 2004 the accused had asked her to accompany him promising that he would marry her and took her to various places before dumping her at his house in Bijnor in Uttar Pradesh. 

She was recovered from Shimla, where she reached after getting help from Joginder's friend, in February 2005 and brought to Delhi. The accused was arrested subsequently.