Delhi: Court acquits kidnapping case accused
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Last Updated: Friday, April 06, 2012, 16:29
New Delhi: A youth accused of kidnapping and inducing a girl to marry him has been acquitted by a Delhi court after she confessed that she willfully eloped to live with him as husband and wife four years ago.

Additional Session Judge (ASJ) Madhu Jain set free the youth, a resident of Aligarh in Uttar Pradesh, after the prosecution failed to establish that the girl was minor at the time of incident and the accused kidnapped her to marry against her will.

"In her statement under section 164 CrPc, she (girl) has given her age more that 18 years. She has stated that she herself went with the accused willingly and she does not want to go to her parents house.

"Thus, doubt is created in the mind ... regarding the age of the prosecutrix, whether she was actually less than 18 years of age at the date of the offence. The prosecutrix...has stated that she herself went with the accused and lived with him as husband and wife," the ASJ said while acquitting a boy.

The prosecution had alleged that in November, 2008, the girl was kidnapped from Garhi in South Delhi from the lawful guardianship of her father with an intention to compel her for marriage.

The court observed that since the girl herself has not supported the case of the prosecution, it is futile to further prolong the litigation by examining the other witnesses.

The charge under section 366 (kidnapping, abducting or inducing woman to compel her marriage) and 363 (punishment for kidnapping) of the IPC were framed against the boy, to which he pleaded not guilty and claimed trial.

After four years of trial, the court acquitted the youth observing that the prosecution has failed to prove that the girl was less than 16 years of age on the date of offence or the accused has kidnapped her to marry forcefully.

"The accused, is therefore, acquitted of the offence under section 363/366 of IPC," the court said.


First Published: Friday, April 06, 2012, 16:29

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