7-yr sentence cut to 5 yrs after girl submits that she consented to physical relations with him
The Delhi High Court reduced the jail term of a man who was convicted of kidnapping and raping a minor girl on account of her conflicting testimony.
Justice Pratibha Rani reduced the man’s seven year sentence to five after the girl – a minor aged 14, submitted that she had consented to having physical relations with the man.
The couple were found living together in Moradabad, Uttar Pradesh by the girl’s father. After the father produced the couple before the police, it was found that they were living together by choice.
“Neither of them tried to run away anywhere except to settle at the native place of the appellant nor showed any resistance when father of the appellant wanted them to accompany him and produced them before the IO as an FIR was registered in this case.”
Based on the evidence produced before it, the court then absolved the man of charges of kidnapping, though upheld the rape charges. “Thus, it is a case where no offence of kidnapping can be said to have been proved against the appellant. Hence, he is acquitted of the above charges,” it said.
The man had appealed against the May 2016 trial court verdict claiming that the girl had escaped home since her father wanted to sell her to some other person despite the fact that she was in love with him.
The police added that her statement before the magistrate was different from that given in the high court.
Referring to her statement before the magisterial court, the high court observed, “She had stated that she had physical relations with him with her consent and wanted to live with him but her parents were against the nikaah.
The defense counsel had also submitted that, “Fearing that she might be sold to a stranger, she left her house of her own volition to perform nikaah with the man and had consented to have physical relations with him. They had even gone to the court but she being below 18 years of age, their court marriage could not be solemnised.”
“In the facts and circumstances of the case and the view taken by the coordinate benches of this court in the decisions referred to above, while maintaining the sentence of fine of Rs 2,000, the substantive sentence of seven years awarded to the appellant for committing rape is reduced to five years,” the court said.
THE CASE
- Based on evidence, the court then absolved the man of charges of kidnapping but upheld the rape charges. The man had appealed against 2016 trial court verdict claiming that the girl had escaped home since her father wanted to sell her to some other person.
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