A youth, accused of kidnapping and raping a minor with whom he got married, has been acquitted by a Delhi court which said he rather acted as a saviour and prevented the girl from being dragged into prostitution or illegal purposes by her parents.
The court allowed the youth to walk free, saying under the Protection of Children from Sexual Offences (POCSO) Act, maintaining physical relations with a child is an offence provided it is in the nature of an "assault" but here the 17-and-a-half-year-old girl had voluntarily gone with him and there was no fear or undue influence over her.
"It must be stated that in case of critical age between 16 years to 18 years, section 4 (penetrative sexual assault) of the POCSO Act has to be interpreted distinguishing between an act which is per se criminal for being in the nature of coercion, fear, inducement or exploitation committed upon a child from an act which would otherwise criminalise a person for having done something which is without any malice, ill will or ulterior motives.
"Here, the accused rather acted as a saviour preventing the girl child from the possibility of her being dragged to prostitution or immoral or illegal purposes," Additional Sessions Judge Dharmesh Sharma said.
The court noted that the girl had eloped and married the youth of her own as they were in love and her parents wanted to sell to someone for Rs 1.5 lakh and they had also shown her to several persons.
She had also told the court that she married the youth in a temple and thereafter they maintained physical relations.
According to the prosecution, a complaint was lodged by the girl's parents at R K Puram Police Station in May this year that she has been kidnapped with an intention to marry her or force her for sexual intercourse.
The girl was found after two days and the youth was arrested.
