The court noted the parents of the girl, who were the "best evidence" to depose regarding her actual age, had not given satisfactory reply during the trial. The girl had mentioned her age as 17 year in her statement recorded in 2007 and 2009 respectively.
It also said the certificate, issued in the girl's name by the Municipal Corporation of Delhi mentioning her date of birth as July 19, 1992, was also "disowned" by her parents.
"The birth certificate (of MCD) was not corroborated at all by the best evidence on the record i.E. The deposition of the parents of the girl, who appeared and almost disowned the said certificate in the said answers given by them in their respective cross examination," Additional Sessions Judge Rakesh Tewari said.
The court acquitted Manoj, a resident of Nangloi here, who was accused of kidnapping and raping the girl on September 8, 2007.
According to the police, on September 8, 2007, the girl's father had told them his daughter was missing and Manoj, who was their neighbour, was also found missing.
During investigation, the girl was found and her statement was recorded before a magistrate, in which she said that on September 8, 2007, she went of her own to Manoj and they had gone to Haridwar and prior to that Manoj had asked her if she wanted to accompany him to Haridwar, to which she had agreed.
She said at Haridwar, they got married at a temple and remained there for two days. She said there was no fault on the part of Manoj and he is innocent.
During the trial, Manoj pleaded innocence. (More)
