The additional sessions judge held Abdul, guilty of kidnapping only, considering that he had married the victim, the time spent in jail and a fine of Rs500 would meet the ends of justice.
A man, accused of kidnapping and raping his minor neighbour in confinement, has got away with two days jail term, already spent during the probe, as a Delhi court considered the fact that he married the victim and fathered her two children.
Additional sessions judge JR Aryan, which held Abdul, a resident of Muzaffarnagar in UP, guilty of kidnapping only, said considering the changed circumstances the time spent in jail and a fine of Rs 500 would meet the ends of justice.
"In view of subsequent development in this case, where the prosecutrix (victim) got married with the accused and has got two children born to her from the accused and both are living together as a married couple... the accused is awarded a jail term for a period undergone," the court said.
The case came to an end as the court concluded that there was no need to examine other witnesses following the testimonies of the victim and her father that the accused was her husband and they were living happily.
The prosecutor and the defence counsel said that considering the testimony of girl, the accused could be held guilty for the offence of kidnapping as the victim was 16 and half years of age at the time of the incident.
Abdul was arrested and the girl rescued from a place in Muzaffarnagar on July 3, 2006, after the father of the girl had lodged an FIR at Kalkaji police station claiming she was missing.
The accused, who was freed on bail two days after his arrest, pleaded innocence saying he and the girl were in love
and married each other.
According to police, the girl was was raped several times in wrongful confinement at a place in Muzaffarnagar.
Lending credence to the testimony of the girl, the court said that as far as the offence of rape was concerned, the girl was capable of giving her consent as the age of majority was 16 years.
The accused is guilty of kidnapping the girl, the court said, citing the legal provisions which say that the age of majority for the offence of kidnapping was 18 years.
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