The court convicted 23-year-old Firoz, who had allegedly married the girl after raping her in Aligarh in Uttar Pradesh in 2010, saying he had failed to prove the solemnisation of marriage. It said even if it was presumed that they had married, no marital relation existed between them on the day she was raped.
Additional Sessions Judge Umed Singh Grewal also imposed a fine of Rs 8,000 on him and rejected his contention that the girl had married him with her own consent.
"...There was sexual intercourse between the parties but with consent. The girl has already been held below 13 years. Consent by a girl below 16 years is of no help to the accused (Firoz)," the court said.
It also noted that although Firoz has argued that he had married the girl on September 18, 2010, the minor was raped by him a day before their alleged marriage.
"Even if it is presumed that marriage has been proved, it is again of no use to the accused because that affidavit is dated September 18, 2010 whereas prosecutrix (girl) deposed in examination-in-chief that she was raped on September 17, 2010 and admittedly on that day, no marital relation was standing between them," it said.
Meanwhile, the court acquitted a woman, Munni, who was also a co-accused in the case for allegedly threatening the minor girl and taking her to Firoz, saying the police have failed to substantiate the allegations levelled against her.
According to the police, on September 16, 2010, the minor was taken near a police post in Bawana here by Munni who told her that somebody was calling him and after reaching there, she found Firoz standing there.
Munni threatened the girl and Firoz took her to Aligarh and raped her, the police said, adding the minor was forcibly married to the accused. (More)
