Observing that a minor girl had eloped and established physical relations with her friend willingly, the Delhi High Court has acquitted the girl's lover who has been in jail for over four years on kidnap and rape charges.
Justice G.P. Mittal in a recent judgment said: "This appeal tells once more the story of a runaway young couple which runs into rough weather. It is a well known fact that where the girl is firm inspite of the pressure from her family, the boy comes through with flying colours and their elopement becomes a success story but where the girl succumbs to the pressure of the family, the boy remains in prison for years without any ray of hope."
The court acquitted the girl's friend Srikant, who had challenged his conviction by the trial court which sent him to jail for five years on charges of kidnap and rape. He has been in custody since his arrest Dec 16, 2009.
The girl's father had lodged a missing complaint against Srikant saying Dec 10, 2009. He said that his minor daughter left for school but did not return and he suspected Srikant of kidnapping her.
The high court set Srikant free taking note of the love letters written by the girl to him.
"I have stated herein before that the love letters were written by the prosecutrix (girl) to the appellant (man) not only expressing her love for the him but also suggesting the ways as to how he could take her away," the court said.
"Thus, it was not the man who took the prosecutrix out of keeping of the lawful guardianship of her parents but it was the prosecutrix who lured him to take her away. A perusal of the love letters also shows that the she was more than willing to accompany the him, and she happily travelled with him and stayed with him for six days," the court said.
"I have no manner of doubt about the findings reached by the sessions judge that the girl eloped with the man and had sexual intercourse with him out of her free will," the high court said.
Filing the appeal, Srikant said that at the time of elopement the girl's age was 18 years.
Justice Mittal took into consideration that no date of birth certificate from the girl's municipal corporation was either given during the probe or trial of the case.
Giving Srikant the "benefit of the doubt", the court said: "Since no ossification test has been done to determine her bone age, the benefit of doubt in case of proven consent must go to the man. His conviction under Section 376 IPC (rape), therefore, has to be set aside."
The court also acquitted Srikant of kidnapping charges observing that the girl eloped with him and had sexual intercourse with him out of her free will.
