HC reduces jail term of man who raped minor

The Delhi High Court has reduced the jail term of a man convicted for kidnapping and raping a minor girl in view of her testimony that he had physical relations with her "consent".

Justice Pratibha Rani handed the man five years jail term for raping the 14-year-old girl, reducing the sentence of seven years awarded by a trial court.

The court absolved him of charges of kidnapping on the ground that both of them were staying together at Moradabad in Uttar Pradesh, from where the man's father brought them to Delhi and produced them before the investigating officer (IO).

"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.
 

"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 moved the high court against the trial court's May 2016 verdict.

Opposing his appeal, the Delhi Police counsel had said that the girl being minor at that time, her consent, if any, was immaterial.

The police had also submitted that during her examination before the court she had specifically stated that the physical relations with her were without her consent.

Whereas, the man had claimed that the girl left the house as her father wanted to sell her to some other person but she was in love with him.

"Fearing that she might be sold to a stranger, she left her house of her own to perform 'nikaah' with the man and had consented to have physical relations with him," the convict's counsel had submitted in the high court.

To this, the high court observed that the girl's statement before the court was in contrast to her "version before the magistrate".

Referring to her statement before the magisterial court, the high court observed that "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.

"They had even gone to the court but she being below 18 years of age, their court marriage could not be solemnised. She specifically stated that physical relations were made by the appellant/accused with her consent."

"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 the offence under section 376 (rape) of IPC is reduced to five years," the court said.