Court orders release of rape convict

NEW DELHI: Finding that there was no element of force or fear in the kidnap and rape of a minor girl, a Delhi Court has ordered the release of a convict saying that the period, he had remained in custody for the offence, was sufficient sentence.

"I am of opinion that imprisonment of three years already undergone by the accused, shall be sufficient sentence for all offences," Additional Sessions Judge Narottam Kaushal said convicting one Tribhuvan under Sections 363 (kidnapping), 366
(kidnapping for marriage) and 376 (rape) of the IPC.

"I have held that there was no element of force or fear in the girl in her going with the accused or maintaining sexual relationship with him," the Judge said, adding, "his
conviction is based upon the fact that the girl was minor."

The court also took cognizance of the fact that the convict was a boy of less than 20 years at the time of the incident.

"Further, the fact that the convict was also a young boy of less than 20 years at the time of occurrence, seem to be adequate and special reason to impose a sentence of
imprisonment less than the minimum provided under the statute," the ASJ said, in an order pronounced last week.

The court also imposed a fine of Rs 5000 on the convict.  The girl, a class VII student then, in her statement recorded before a magistrate stated that Tribhuvan, who was a
co-tenant in her house in Magolpuri, forcibly took her to Gurgaon and forced her to marry him.

But she also prayed that the accused be not punished.

The accused, on the other hand testified that the girl was more than 18 years of age and herself visited his place saying that she wanted to marry him.

One Nandlal, working with a printing press, lodged a complaint with police station Magolpuri on November 1, 2003 alleging that his minor daughter had been enticed away by Tribhuvan.

The girl was rescued from Gurgaon and the accused was arrested a week later.