Youth convicted of raping lover, minor's 'consent' immaterial

A youth has been convicted of raping his 14-year-old lover by a Delhi court which said though the physical relations between them were "consensual", he was guilty of the crime as the girl was a minor.
"The girl was only 14 years of age at that time and hence her consent to the sexual intercourse with the accused was totally immaterial," said the court which, however, acquitted Surender Paswan of the charges of kidnapping the girl.
The court said she was neither lured by him nor was she forced to accompany him and taht she wilfully went with him as they were in love.

"It is evident that the prosecutrix (girl) was neither allured by the accused (Surender) to accompany him nor was forced or threatened by him to accompany him. Manifestly, the girl was in love with Surender and willingly accompanied him on December 18, 2000.
"This is also indicated by the fact that she had left her house at midnight i.E. In dead of night without informing her parents or anybody else at home. Therefore, the essentials ingredients of the offence under section 363 (kidnapping) IPC have not been established by the prosecution and the accused is liable to be acquitted of the same," Additional Sessions Judge Virender Bhat said.

"It is also clear from the discussion that there had been sexual intercourse between Surender and the girl during the time she was with him and these were also consensual. But as noted herein-above, the girl was only 14 years of age at that time and hence her consent to the sexual intercourse with the accused was totally immaterial.

"Therefore, the sexual intercourse between Surender and the girl comes within the definition of offence of rape as provided under section 375 IPC and the accused is liable to be convicted for the said offence," it added.
Surender was facing trial in the case after the girl in her complaint to the police had alleged that she was raped on several occasions by him at his village in Bihar when she accompanied him in December 2000 after her parents had scolded her for some reason.

"She did not feel comfortable in that house and insisted that the accused take her back home. However, the accused threatened her to keep quiet, otherwise, she would be killed. Accused kept her there for about one week and then took her to the house of his brother where she was kept confined inside the house," the girl had told the police, adding that she was raped several times there.
The youth, who was staying as a tenant in the house of the girl here, had told the court that she had accompanied him voluntarily and had willingly consented to sexual intercourse with him.